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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Vishal S/o Shri Kishor – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
FARJAND ALI, J.
1. The jurisdiction of this court has been invoked by way of filing the third 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 | 122/2022 |
| 2. | Concerned Police Station | Rohat |
| 3. | District | Pali |
| 4. | Offences alleged in the FIR | Section 8/17 and 18 of the NDPS Act |
| 5. | Offences added, if any | Section 8/29 of the NDPS Act |
| 6. | Date of passing of impugned order | - |
2. It is contended on behalf of the accused-petitioner that co-accused Vishal S/o Parmendra has been enlarged on bail by this court vide order dated 21.01.2025 and the case of the present petitioner is not at all distinguishable from the said accused. He further submits that no case for the alleged offences is made out against him and his incarceration is not warranted. There are several flaws and latches in the case of the prosecution. 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.
4. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor
Indefinite incarceration without trial violates the right to a speedy trial and the presumption of innocence, necessitating bail under Section 439 CrPC.
The right to a speedy trial is fundamental, and indefinite incarceration without trial violates Article 21 of the Constitution.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, necessitating bail for accused-petitioners.
The right to a speedy trial is fundamental, and prolonged detention without trial violates Article 21 of the Constitution.
The right to a speedy trial is fundamental, and prolonged detention without trial violates the accused's rights, warranting bail.
The right to a speedy trial is fundamental; prolonged detention without trial violates the accused's rights, warranting bail.
An accused's right to a speedy trial is paramount, and prolonged incarceration without trial infringes upon fundamental rights.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, warranting bail.
The right to a speedy trial is fundamental, and prolonged detention without trial infringes upon this right, warranting bail.
The right to a speedy trial is fundamental, and prolonged detention without trial violates constitutional guarantees, necessitating bail even in serious cases.
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