Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE MAHENDAR KUMAR GOYAL, J
SARTAJ SINGH S/O BOOP SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
JUDGMENT :
MAHENDAR KUMAR GOYAL, J.
The present 6th bail application has been filed under Section 483 B.N.S.S. The petitioner has been arrested in connection with FIR No.0577/2019 registered at Police Station Neemrana, Bhiwadi, for the offence(s) under Sections 147, 148, 149, 450, 307, 302, 323 and 341 of I.P.C.
2. Learned counsel for the petitioner submits that he is in custody since 30.10.2019 and out of total twenty five prosecution witnesses, only eight witnesses have been examined so far. He submits that the deceased-Surendra Singh has expired, as per postmortem report, due to injuries on account of being trampled upon by a four wheeler vehicle and the co-accused Sandeep Kumar Yadav @ Fakru with allegations of driving the offending four wheeler at the relevant time, has been extended benefit of bail by the Hon'ble Supreme Court of India vide order dated 10.02.2025 on account of long incarceration. Learned counsel submits that his case in on better footing than the case of the co- accused Sandeep Kumar Yadav @ Fakru. He prays for benefit of bail on parity.
3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant, opposing the prayer, submitted that,
Bail can be granted based on parity when no distinguishable features exist between co-accused cases, especially after long incarceration.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
Prolonged pre-trial detention over 4 years with trial delay and co-accused on bail violates right to speedy trial under Article 21, obligating courts to grant bail unless risks justify continued cust....
Prolonged detention without trial infringes the constitutional right to liberty and a speedy trial, necessitating bail for the accused.
Prolonged custody without trial completion and lack of specific allegations justify granting bail, emphasizing the presumption of innocence.
Prolonged pre-trial detention without progress in trials violates the accused's right to liberty and mandates release on bail to avoid indefinite incarceration.
Delay in criminal trial has been held to be in violation of right guaranteed to an accused under Article 21 of Constitution of India.
The denial of bail based solely on the nature of the crime violates the right to a speedy trial under Article 21, especially in cases with prolonged detention awaiting trial.
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
