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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Mohan @ Shambhu – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. The jurisdiction of this court has been invoked by way of filing the instant 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 | 265/2020 |
| 2. | Concerned Police Station | Chanderaia |
| 3. | District | Chittorgarh |
| 4. | Offences alleged in the FIR | Section 8/15 NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 24.02.2025 |
2. The previous application being S.B. Criminal Misc. Bail Application No.14858/2024 came to be dismissed as not pressed by this Court vide order dated 17.12.2024. Hence, the instant bail application.
3. The brief facts of the case are that on 01.10.2020, SHO PS Chanderia along with his team during nakabandi tried to intercept a Duster car bearing registration number RJ-27-CD-6680 but upon seeing police party, driver along with one other person escape their good by lying the vehicle in an abandoned condition. Some of the officials, claimed that the said vehicle was being driven by Mohan Lal @ Shambhoo Lal. Upon search, 10 sack bags (Weighing 234 Kg.) of poppy husk were recovered. Consequently, an FIR No.265/2020 was registered at Police
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, and prolonged detention without trial can lead to bail being granted despite statutory restrictions.
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 emphasized that personal liberty must be prioritized over statutory restrictions in granting bail, especially when there are violations of mandatory provisions.
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 right to a speedy trial is a fundamental right under Article 21, and unreasonable delays in trial warrant the grant of bail.
The court emphasized the fundamental right to a speedy trial over statutory restrictions on bail, allowing bail due to prolonged incarceration without trial.
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.
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