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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Sunil Kumar – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.61/2020 registered at Police Station Hamirwas, District Churu for the offence punishable under Sections 147, 148, 364, 302, 201, 120-B R/w 149 of IPC.
2. Learned counsel for the petitioner submits that the petitioner is behind the bars for more than 4.5 years and up to this time only 20 prosecution witness have been examined out of total 82 prosecution witnesses and trial of the case is going at a snail speed. Counsel further submits that there are no antecedents against the petitioner.
3. In support of his contentions, learned counsel placed reliance on the judgment of Honb’le Supreme Court in the case of Balwinder Singh Vs. State of Punjab & Anr. (Special Leave to Appeal (Crl.) No.8523/2024) in which while granting bail it has been observed as under:
“ 9. The incident in the present case occurred on 25.06.2020 and the petitioner was arrested soon thereafter on 26.06.2020. By now, 6 co- accused have been granted bail. As the prosecution wishes to examine 17 more witnesses, the trial is unlikely to conclude on a near
Prolonged incarceration without trial can lead to unjust punishment; bail may be granted based on the duration of custody and trial delays.
Prolonged custody without trial can unjustly punish an accused, warranting bail under the presumption of innocence.
Prolonged custody without trial completion and lack of specific allegations justify granting bail, emphasizing the presumption of innocence.
The delay in trial and prolonged incarceration can warrant granting bail despite statutory restrictions under the NDPS Act.
Bail – Fifth bail application filed solely on the ground of custody period of accused and keeping in view fact that trial against him has not been completed till date, deserves to be accepted.
The central legal point established in the judgment is that prolonged incarceration militates against the fundamental right guaranteed under Article 21 of the Constitution, and bail can be granted ba....
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.
Prolonged incarceration exceeding three years justifies bail under NDPS Act despite statutory restrictions, emphasizing the right to a speedy trial.
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