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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Pankaj Khileri – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The jurisdiction of this court has been invoked by way of filing the instant bail application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S. No. | Particulars of the Case | |
| 1. | FIR Number | 185/2022 |
| 2. | Concerned Police Station | Kotwali |
| 3. | District | Nimbhahera |
| 4. | Offences alleged in the FIR | Section 8/22 of the NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 01.04.2025 |
2. The concise facts of the case as alleged in the FIR are that the petitioner came to be arrested in this case on 06.04.2021 in connection with recovery of 731 grams MDMS Powder (in a plastic bag) from the Swift Car bearing registration No. RJ10-CA9722 which was being driven by one Kojaram and the petitioner was also sitting therein. While rejecting the earlier bail application this Court granted liberty to the petitioner to renew the prayer for bail after recording the statement of Investigating Officer. Now, he has been examined in the trial as P.W. 5. hence, the instant bail application.
3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is no
The right to a speedy trial is a fundamental right under Article 21, which can override statutory restrictions on bail in certain circumstances.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial can lead to bail being granted despite statutory restrictions.
The court prioritized the right to a speedy trial over statutory restrictions on bail, emphasizing that personal liberty should not be compromised by prolonged incarceration without trial.
The court granted bail based on prolonged incarceration and non-compliance with mandatory provisions of the NDPS Act, emphasizing the right to personal liberty under Article 21.
The right to a speedy trial is fundamental, and prolonged detention without trial violates constitutional guarantees, necessitating bail even in serious cases.
The right to a speedy trial is a fundamental right under Article 21, and unreasonable delays in trial warrant the grant of bail.
The right to a speedy trial is a fundamental right under Article 21, which can override statutory restrictions on bail.
The court emphasized the fundamental right to a speedy trial over statutory restrictions on bail, allowing bail due to prolonged incarceration without trial.
The court emphasized that the right to a speedy trial under Article 21 of the Constitution supersedes statutory restrictions on bail, allowing for the accused's release due to prolonged detention wit....
The right to a speedy trial under Article 21 of the Constitution takes precedence over statutory restrictions on bail, especially when the accused has been in custody for an unreasonable period.
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