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HIGH COURT OF RAJASTHAN JODHPUR BENCH
PUSHPENDRA SINGH BHATI
PAPPU SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
1. This Court perused the material available on record.
2. The petitioner has been arrested in connection with FIR No.196/2009 of Police Station Marwar Junction, District Pali for the offences punishable under Sections 8/15, 29 of NDPS Act and Section 3/25 of Arms Act. He has preferred this fifth bail application under Section 483 B.N.S.S., 2023 (439 Cr.P.C.).
3. Mr. Kailash Khilery, learned counsel appearing on behalf of the petitioner submits that six witnesses remain to be examined in the proceedings.
3.1 Learned counsel avers that the difference between the fourth bail application and the present bail application is that the fourth bail application bearing S.B. Criminal Misc. 4th Bail Application No. 10406/2023 was dismissed by this Court on 23.08.2023, at which juncture, the petitioner had undergone custody of only about three years, having been arrested on 15.12.2019. The order dated23.08.2023 is reproduced hereunder:
“1. This criminal misc. fourth bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner, who is in custody, in connection with FIR No.196/2009 registered at Police Station Marwar Junction, District Pali for the offence under S
Prolonged incarceration and pending trial can justify bail even under stringent conditions of the NDPS Act.
Prolonged incarceration exceeding five years may justify bail under Section 439 Cr.P.C. despite statutory restrictions.
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
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.
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 exceeding three years justifies bail under NDPS Act despite statutory restrictions, 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.
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