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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Mahesh Kumar, S/o. Shyam Lal Baum – 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 | 04/2023 |
| 2. | Concerned Police Station | Ratan Nagar |
| 3. | District | Churu |
| 4. | Offences alleged in the FIR | Section 8/15 of the NDPS Act |
| 5. | Offences added, if any | Section 8/25 &29 of the NDPS Act |
| 6. | Date of passing of impugned order | 05.04.2025 |
2. The concise facts of the case as alleged in the FIR are that on 12.01.2022 the SHO PS Ratan Nagar along with his team intercepted a Tata Tempo bearing registration No.RJ-20-GC-1785 wherein, the petitioner was found sitting on the driver seat sitting and during search 18 plastic bags carrying 270 Kg poppy husk got recovered. His first and second bail application being SBCRLMB Nos.4106/2024 & 8587/2024 were dismissed as not pressed by this Court vide orders dated 09.04.2024 & 25.11.2024 and the trial Court was directed to expedite the trial. Till today trial hasn’t been culminated. Hence, the instant bail application.
3. It is contended on behalf of the accused-petitioner that no case for the alleged offe
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, and prolonged detention without trial can lead to bail being granted despite statutory restrictions.
The right to a speedy trial is a fundamental right under Article 21, which can override statutory restrictions on bail.
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 is a fundamental right under Article 21, which can override statutory restrictions on bail in certain circumstances.
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.
Provisional liberty can override statutory restrictions on bail under the NDPS Act when trial delays are evident, emphasizing the fundamental right to personal liberty.
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.
The court established that procedural compliance under the NDPS Act is crucial, and failure to adhere to such provisions can lead to the grant of bail even in serious cases.
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