IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Manish S/o Shri Kailash Chandra – 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 | 411/2018 |
| 2. | Concerned Police Station | Pratapnagar |
| 3. | District | Jodhpur City West |
| 4. | Offences alleged in the FIR | Section 302 & 201 of the IPC |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 27.01.2025 |
2. The brief facts of the case are that on 30.10.2018, complainant Balwant appeared before the Station House Officer, Police Station Pratapnagar, Jodhpur, and submitted a handwritten report stating that on 29.10.2018, he received information regarding the discovery of an unidentified female body within the jurisdiction of Police Station Pratapnagar, Jodhpur, Rajasthan. He further reported that the name “Seema Manish” was inscribed on the right hand of the deceased. Upon receiving this information, and having failed to establish contact with his sister Seema for a considerable period, he grew suspicious. Subsequently, he arrived in Jodhpur along with his relatives and acquaintances. Upon identifying the body kept in the mortuary of Ma
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.
The right to a speedy trial is fundamental, and prolonged detention without trial infringes on the accused's 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.
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 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.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is unjust.
Prolonged pre-trial detention violates the fundamental right to a speedy trial, necessitating bail for the accused.
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