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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Sanjay Singh – Appellant
Versus
Union of India – Respondent
Order :
1. These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.13/2021 registered at Police Station NCB, Jodhpur, for offences under Sections 8/20, 8/25 and 8/29 of the NDPS Act.
2. Learned counsel submitted that as per the prosecution, during naakabandi, on 01.09.2021, a team of Police Station NCB, Jodhpur stopped a truck bearing registration No.GJ-06-AZ-0698. Upon a search being made, the police team recovered contraband (poppy husk/straw) weighing 347 Kgs. 480 Gms. from 9 packets. The petitioners were arrested on the spot.
3. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case. Learned counsel submitted that the petitioners are in judicial custody since 04.09.2021. They further submitted that out of total 10 cited prosecution witnesses, only 6 prosecution witnesses have been examined before competent Criminal Court. They further submitted that the delay in trial is not at all attributable to the petitioners. They submitted that the petitioners are in judicial custody since last more than 3 years and 6 months and looking to the pace at which
Prolonged incarceration and slow trial progress can justify bail under Section 439 Cr.P.C., provided it does not prejudice the trial.
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 without trial may justify the granting of bail under Section 439, emphasizing the right to a speedy trial.
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.
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 without trial progress can justify bail under Section 439 Cr.P.C.
Prolonged incarceration and lack of witness examination can justify bail under the NDPS Act, overriding statutory restrictions.
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