HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR
Rahul, S/o Madan Lal – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
Order :
(KULDEEP MATHUR, J.)
This second application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with FIR No.358/2021 registered at Police Station Kudi Bhagtasni, Jodhpur City West, for offences under Section 8/18 and 28 of the NDPS Act.
2. Learned counsel submitted that as per the prosecution, acting upon a secret information, during nakabandi, on 11.10.2021, a team of Police Station Kudi Bhagtasani, apprehended a Tempo having registration No.RJ-14-TD-8699 which was being driven by the petitioner. On search being made, the team recovered contraband (opium) weighing 12.390 Kgs and some other powdered scentless substance weighing 2.100 Kgs.The petitioner was arrested on the spot.
3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the petitioner is in judicial custody since 11.10.2021. He further submitted that till date, out of total 20 cited prosecution witnesses, only 6 prosecution witnesses have been examined before competent Criminal Court. He further submitted that the delay in trial is not at all attributable to the petitioner. He submi
The court emphasized that prolonged incarceration and slow trial progress can justify granting bail, irrespective of the case's merits.
Prolonged judicial custody without trial progress can justify granting bail, emphasizing the right to timely justice.
Prolonged detention without trial can warrant bail, especially when trial progress is slow and the accused claims false implication.
Prolonged pre-trial detention without sufficient progress in trial proceedings can justify the granting of bail under Section 439 Cr.P.C.
Prolonged pre-trial detention without significant progress in prosecution can justify bail under the NDPS Act, emphasizing the importance of timely trials.
Prolonged incarceration without timely trial is a substantial factor for granting bail, regardless of the nature of charges.
Prolonged incarceration and insufficient trial progress can justify the grant of bail under Section 439 of the Cr.P.C.
Prolonged judicial custody and trial delays can justify bail under the NDPS Act, even for serious offences, if the accused are not responsible for the delays.
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 and lack of witness examination can justify bail under the NDPS Act, overriding statutory restrictions.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.