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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 :
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 years and nine months. He contends that trial is going at a snail’s pace as till date only 20 witnesses have been examined out of 35 cited witnesses. Conclusion of trial will take considerable time. He also contends that this delay occurring in conclusion of trial is seriously violating the fundamental right of the speedy trial of the petitioner as guaranteed under Article 21 of the Constitution of India . The period of custody is always relevant consideration for grant of bail. When a trial get prolonged, it is not open for the prosecution to oppose bail of the accused on the ground that the charges are very serious.
4. Heard learned co
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.
Prolonged incarceration without trial violates the right to speedy justice under Article 21, necessitating bail despite the gravity of the charges.
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