Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Bagdaram – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. The jurisdiction of this court has been invoked by way of filing the instant third bail application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 136/2022 |
| 2. | Concerned Police Station | Nana |
| 3. | District | Pali |
| 4. | Offences alleged in the FIR | Section 8/15 of the NDPS Act |
| 5. | Offences added, if any | Section 8/25 of the NDPS Act |
| 6. | Date of passing of impugned order | 16.01.2025 |
2. The concise facts of the case as alleged in the FIR are that the petitioner came to be arrested in this case on 18.07.2022 in connection with recovery of 230 Kg poppy husk (in 11 bags)from his possession. His second bail application being SBCRLMB No.7065/2024 was dismissed as not pressed by this Court vide order dated 26.11.2024. While rejecting the earlier bail application this Court granted liberty to the petitioner to renew the prayer for bail after change in circumstances. Till now, the trial has not completed, hence, the instant bail application.
3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. He
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial can lead to bail being granted despite statutory restrictions.
The right to a speedy trial is a fundamental right under Article 21, and unreasonable delays in trial warrant the grant of bail.
The court prioritized the right to a speedy trial over statutory restrictions on bail, emphasizing that personal liberty should not be compromised by prolonged incarceration without trial.
The right to a speedy trial is a fundamental right under Article 21, which can override statutory restrictions on bail.
The right to a speedy trial is a fundamental right under Article 21, which can override statutory restrictions on bail in certain circumstances.
Provisional liberty can override statutory restrictions on bail under the NDPS Act when trial delays are evident, emphasizing the fundamental right to personal liberty.
The court prioritized the fundamental right to a speedy trial over statutory restrictions on bail under the NDPS Act, allowing bail due to prolonged incarceration and procedural non-compliance.
The court established that prolonged detention without sufficient evidence violates personal liberty, and bail should be granted if the prosecution fails to demonstrate a direct connection to the all....
The court emphasized that personal liberty must be prioritized over statutory restrictions in granting bail, especially when there are violations of mandatory provisions.
The court emphasized the fundamental right to a speedy trial over statutory restrictions on bail, allowing bail due to prolonged incarceration without trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
