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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Ash Mohammed – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
KULDEEP MATHUR, J.
1.This third application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.375/2021 registered at Police Station Bilara, District Jodhpur, for offences under Sections 8/15 of the NDPS Act.
2. Learned counsel submitted that as per the prosecution, on 04.09.2021, acting on a secret information, a team of Police Station Bilara conducted nakabandi and recovered contraband (poppy husk/straw) weighing 788.050 Kgs. from a truck having registration No.RJ-14-GC-9189 which was being driven by the co- accused Prakash Singh and the present petitioner was helper therein. They were arrested on the spot.
3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the petitioner is in judicial custody since 04.09.2021. He further submitted that till date, out of total 14 cited prosecution witnesses, only 4 prosecution witnesses have been examined before competent Criminal Court. He further submitted that the delay in trial is not at all attributable to the petitioner. He submitted that the petitioner is in judicial custody since l
Prolonged incarceration without timely trial is a substantial factor for granting bail, regardless of the nature of charges.
Prolonged incarceration and insufficient trial progress can justify the grant of bail under Section 439 of the Cr.P.C.
Prolonged incarceration without trial may justify the granting of bail under Section 439, emphasizing the right to a speedy trial.
Prolonged incarceration and slow trial progress can justify bail under Section 439 Cr.P.C., provided it does not prejudice the trial.
Prolonged incarceration without trial progress can justify bail under Section 439 Cr.P.C.
Prolonged pre-trial detention without significant progress in prosecution can justify bail under the NDPS Act, emphasizing the importance of timely trials.
Prolonged incarceration and lack of witness examination can justify bail under the NDPS Act, overriding statutory restrictions.
Prolonged incarceration and delays in trial can justify bail under Section 439 Cr.P.C., emphasizing the right to a speedy trial under Article 21.
Custody duration and lack of trial progress can lead to bail grant despite statutory restrictions under the NDPS Act.
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