HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
PAWAN KUMAR @ PRAVEEN YADAV S/O SHRI RAM SINGH YADAV – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This 5th bail application under Section 483 B.N.S.S. has been filed by the petitioner in connection with FIR No.132/2021 registered at Police Station Banipark, District Jaipur (West) wherein he is charged for offences punishable under Sections 143, 147, 148, 149 , 302 & 34 of IPC & 3/25 of Arms Act & charge-sheeted under Sections 302, 120-B & 212 of IPC .
2. Learned counsel for the petitioner submits that after disposal of the 4th bail application of the petitioner, indulgence of bail has been granted to the principal accused-Ashish Shekhawat who was the shooter and who caused the death of the deceased by the Co-ordinate Bench of this Court while deciding S.B. Criminal Misc. Bail application No.12898/2024 vide order dated 20.12.2024.
Counsel submits that subsequently the other co-accused Jayraj Singh has also been granted bail vide order dated 23.01.2025. Counsel submits that the case of the petitioner is on better footing in comparison to the case of the Ashish Shekhawat. Counsel submits that looking to the long incarceration of the petitioner and looking to the fact that the prosecution has to examine in all 64 witnesses out of which 31 witnesses have been recorded so far
The court ruled that the presumption of innocence and the right to a speedy trial necessitate the grant of bail when trial delays are unreasonable.
Bail is a right at pre-conviction stage barring exceptional circumstances; prolonged detention without trial infringes fundamental rights.
Prolonged pre-trial detention violates the right to a speedy trial, necessitating bail when delays are not caused by the accused.
Prolonged custody without trial completion and lack of specific allegations justify granting bail, emphasizing the presumption of innocence.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, warranting bail.
Prolonged custody without trial can unjustly punish an accused, warranting bail under the presumption of innocence.
The right to a speedy trial is fundamental, and indefinite detention without trial is impermissible, 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 under Article 21 is fundamental, and prolonged pre-conviction detention without trial is a violation of personal liberty and justice principles.
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.
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