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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Jagdish Alias Jp – Appellant
Versus
State Of Rajasthan – Respondent
Order :
1. This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.46/2023 registered at Police Station Maulasar, District Nagaur, for offences under Sections 8/18, 20 and 8/25 of the NDPS Act.
2. Learned counsel submitted that as per the prosecution, acting on a secret information, on 27.02.2023, a team of Police Station Maulasar recovered contraband (ganja) weighing 45.100 Kgs. and 12800 plants of opium from agricultural field of the petitioner located at Khasra No.436 sarhad sudrashan. 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 28.02.2023. He further submitted that till date, out of total 16 cited prosecution witnesses, only 3 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 2 years and looking to the pace at which trial is being conducted a
Prolonged judicial custody without trial progress can justify granting bail, emphasizing the right to timely justice.
The court emphasized that prolonged incarceration and slow trial progress can justify granting bail, irrespective of the case's merits.
Prolonged pre-trial detention without sufficient progress in trial proceedings can justify the granting of bail under Section 439 Cr.P.C.
Prolonged detention without trial can warrant bail, especially when trial progress is slow and the accused claims false implication.
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.
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.
Prolonged incarceration and insufficient trial progress can justify the grant of bail under Section 439 of the Cr.P.C.
Prolonged incarceration without timely trial is a substantial factor for granting bail, regardless of the nature of charges.
Extended judicial custody without trial and lack of evidence of possession justify bail under Section 439 Cr.P.C.
Prolonged incarceration and slow trial progress can justify bail under Section 439 Cr.P.C., provided it does not prejudice the trial.
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