HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
Nirmal – Appellant
Versus
State Of Rajasthan – Respondent
Order :
1. This second application for bail under Section 483 of BNS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with FIR No.334/2021 registered at Police Station Pilibanga, District Hanumangarh, for offences under Sections 8/22 of the NDPS Act .
2. Learned counsel submitted that as per the prosecution, during routine patrolling, on 24.08.2021, a team of Police Station Pilibanga recovered 2500 tablets of U-CET Tramadol Tablets BP 100 Mg weighing 1375 gms, from the conscious possession of the present petitioner. He was 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 24.08.2021. He further submitted that till date, out of total 14 cited prosecution witnesses, only 7 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 last more than 3 years 6 months and looking to the pace at which trial is being conducted against the pr
Prolonged detention without trial can warrant bail, especially when trial progress is slow and the accused claims false implication.
The court emphasized that prolonged incarceration and slow trial progress can justify granting bail, irrespective of the case's merits.
Prolonged judicial custody without trial progress can justify granting bail, emphasizing the right to timely justice.
Prolonged judicial custody and trial delays can justify bail under the NDPS Act, even for serious offences, if the accused are not responsible for the delays.
Prolonged pre-trial detention without sufficient progress in trial proceedings can justify the granting of bail under Section 439 Cr.P.C.
Prolonged incarceration without trial progress can justify bail under Section 439 Cr.P.C.
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 delay in trial and prolonged incarceration can warrant granting bail despite statutory restrictions under the NDPS Act.
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 without timely trial is a substantial factor for granting bail, regardless of the nature of charges.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.