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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Sultan @ Bida – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(MANOJ KUMAR GARG, J.)
The present fourth bail application has been filed under Section 483 B.N.S.S. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.176/2019 registered at Police Station Sadar Kotwali, District Jodhpur for the offence punishable under Section 302 of IPC.
2. Learned counsel for the petitioner submits that the petitioner is behind the bars for more than five years and a progress report has been called from the trial Court wherein it is mentioned that up to this time only 18 prosecution witness have been examined out of total 29 prosecution witnesses and trial of the case is going at a snail speed. Counsel further submits that the petitioner has been acquitted in 16 cases out of total 29 other cases registered against him.
3. In support of his contentions, learned counsel placed reliance on the judgment of Honb’le Supreme Court in the case of Balwinder Singh Vs. State of Punjab & Anr. (Special Leave to Appeal (Crl.) No.8523/2024) in which while granting bail it has been observed as under:
“ 9. The incident in the present case occurred on 25.06.2020 and the petitioner was arrested soon thereafter on 26.06.2020. By now, 6 co- accu
Prolonged custody without trial can unjustly punish an accused, warranting bail under the presumption of innocence.
Prolonged custody without trial completion and lack of specific allegations justify granting bail, emphasizing the presumption of innocence.
Prolonged incarceration without trial can lead to unjust punishment; bail may be granted based on the duration of custody and trial delays.
Delay in trial and prolonged incarceration can be grounds for granting bail, as observed in previous court decisions.
Bail – Fifth bail application filed solely on the ground of custody period of accused and keeping in view fact that trial against him has not been completed till date, deserves to be accepted.
The court considered the prolonged custody of the petitioner and the exceptions within Section 37 of the NDPS Act to grant bail.
The delay in trial and prolonged incarceration can warrant granting bail despite statutory restrictions under the NDPS Act.
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
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.
The central legal point established in the judgment is that prolonged incarceration militates against the fundamental right guaranteed under Article 21 of the Constitution, and bail can be granted ba....
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