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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
MAHAVEER PRASAD – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.113/2023 registered at Police Station Goluwala, District Hanumangarh, for offence under Section 8/22 and 29 of the NDPS Act.
2. Learned counsel submitted that as per the prosecution, during nakabandi, on 08.04.2023 at around 02:40 pm. on the road Aam Lakhasar to Surawali Nahar near MOD Ki Pulia, the police recovered 700 tablets of Tramadol Hydrochloride Sustained Release Tablets I.P.100 mg CYPREMAL-100 SR in 70 strips weighing 294 gms. in plastic bag, from the conscious possession of the petitioner. The petitioner was arrested on the spot.
3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the petitioner is in judicial custody since 08.04.2023. He further submitted that out of total 14 cited prosecution witnesses, only 2 prosecution witnesses have been examined before competent Criminal Court. He further submitted that the delay in trial is not at all attributable to the petitioner. He submitted that the petitioner is in judicial c
Prolonged incarceration without trial progress can justify bail under Section 439 Cr.P.C.
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.
Prolonged incarceration without trial may justify the granting of bail under Section 439, emphasizing the right to a speedy trial.
Custody duration and lack of trial progress can lead to bail grant despite statutory restrictions under the NDPS Act.
Prolonged pre-trial detention without significant progress in prosecution can justify bail under the NDPS Act, emphasizing the importance of timely trials.
Prolonged incarceration and lack of witness examination can justify bail under the NDPS Act, overriding statutory restrictions.
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.
Prolonged incarceration and slow trial progress can justify bail under Section 439 Cr.P.C., provided it does not prejudice the trial.
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