Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE ANIL KUMAR UPMAN, J
Pappu Gujar S/O Shri Ganesh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. trial will take long time (Para 7 , 9) |
| 2. prolonged incarceration is violative (Para 8) |
| 3. appeal allowed, bail granted (Para 10 , 11) |
Order :
1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 25.10.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer (Raj) in Bail Application No.1197/2023 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.110/2019 registered at Police Station Gandhi Nagar, District Ajmer (Rajasthan) for the offences under Sections 302 & 201 of IPC. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 302 & 201 of IPC and Section 3(2)(v) of SC/ST Act.
2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that it is a case of circumstantial evidence as there is no eyewitness to the alleged incident. Counsel further submits that appellant is not named in the FIR. Apart from it, the appellant is in custody since 27.04.2019 and as such, he is behind the bars for last five
Prolonged incarceration without trial violates the right to personal liberty under Article 21, warranting bail when trial delays are significant.
Prolonged incarceration without trial is unconstitutional and violates the right to speedy trial under Article 21; balance must be maintained between personal liberty and societal interest.
Prolonged pre-trial detention can justify bail under Article 21, emphasizing individual liberty rights even amidst stringent statutory limits.
Prolonged custody without trial completion justifies granting bail, emphasizing the presumption of innocence.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is unjustifiable.
The right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial violates this right, warranting the grant of bail.
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
