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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Ransaram @ Ramesh, S/o. Jhalaram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Order :
(FARJAND ALI, J.)
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. 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 | 87/2019 |
| 2. | Concerned Police Station | Saroopganj |
| 3. | District | Sirohi |
| 4. | Offences alleged in the FIR | Under Sections 447, 302, 323 & 34 of IPC |
| 5. | Offences added, if any | Under Section 325 of IPC |
2. 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 not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. I have considered the submissions made by both the parties and have perused the material available on record.
5. The earlier bail application of the petitioner was rejected by this Court vide order dated 22.0
An accused has the right to bail unless exceptional circumstances exist, and prolonged detention without trial infringes fundamental rights.
Prolonged detention without trial infringes the accused's fundamental rights, emphasizing the presumption of innocence and the right to a speedy trial.
The right to a speedy trial is fundamental, and prolonged detention without trial infringes on the accused's rights.
An undertrial must not be confined indefinitely; a reasonable period is necessary for a trial's completion, protecting the accused's fundamental rights.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial violates this right.
The court established that prolonged detention of an accused without trial violates fundamental rights, reinforcing that bail is the rule at the pre-conviction stage.
Prolonged detention without trial infringes on the accused's fundamental rights, emphasizing the necessity of a speedy trial.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is unjustifiable.
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