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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Nandkishore S/o. Narayan Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The jurisdiction of this court has been invoked by way of filing an 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 | 339/2021 |
| 2. | Concerned Police Station | Nokha |
| 3. | District | Bikaner |
| 4. | Offences alleged in the FIR | Sections 302 & 201 of the IPC |
| 5. | Offences added, if any | Sections 323 & 341 of the IPC |
| 6. | Date of passing of impugned order | 27.03.2025 |
2. Briefly stated the facts of the case are that on 30.08.2021, complainant Bhanwar Lal submitted a written report to the SHO, PS Nokha alleging therein that from 26.08.2021 onwards his son Arjun is found missing and he made number of call on his mobile but were unanswered and he searched him but of no avail. He has submitted an application in this regard on 28.08.2021. On the very same day of lodging written report, in the evening he received an information from the police station that an unknown body is lying in the bushes near the Charkada Ki Rohi, whereupon he reached there and identified that body of his son. On the basis of which, an FIR aforesaid was lodged against unknown persons.
3. It is contended on behalf of the
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 court established that prolonged detention of an accused without trial violates fundamental rights, reinforcing that bail is the rule at the pre-conviction stage.
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 a fundamental right under Article 21, and prolonged detention without trial is unjustifiable.
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 right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial violates this right.
Prolonged pre-trial detention violates the fundamental right to a speedy trial, necessitating bail for the accused.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial infringes on personal liberty.
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