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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Kailash @ Dodiya, S/o. Sh. Banshi Lal – Appellant
Versus
State of Rajasthan, Through PP – 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 | 180/2020 |
| 2. | Concerned Police Station | Chopasani Housing Board |
| 3. | District | Jodhpur City West |
| 4. | Offences alleged in the FIR | Section 458 of the IPC |
| 5. | Offences added, if any | Sections 449, 384 & 302 of the IPC |
| 6. | Date of passing of impugned order | 29.08.2024 |
2. The brief facts of the case are that on 25.07.2020, complainant Smt. Sangeet Sharma lodged a report at the Police Station Chopasani Housing Board, Jodhpur City West alleging inter alia that his husband was working as Chowkidar under the Classic Art & Craft and when she alongwith her family were sleeping, at around 1:25 a.m. an unknown person entered in their house and made an assault upon her husband resulting which he received injury on his head. She raised hue and cry upon which the said person fled away and the neghibours were gathered. Her husband was taken to the hospital with the aid of her neighbours during treatment he succumbed to death. On the basis of the above informati
Prolonged detention without trial infringes the accused's fundamental rights, emphasizing the presumption of innocence and the right to a speedy trial.
An accused has the right to bail unless exceptional circumstances exist, and prolonged detention without trial infringes fundamental rights.
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, and prolonged detention without trial is unjustifiable.
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 of the Constitution, and prolonged detention without trial violates this right.
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