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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Sonu Singh S/o Arjun Singh – 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 | 71/2017 |
| 2. | Concerned Police Station | Balesar |
| 3. | District | Jodhpur Rural |
| 4. | Offences alleged in the FIR | Sections 302, 201 & 397 of the IPC |
| 5. | Offences added, if any | Section 302/34, 397/34 of the IPC |
| 6. | Date of passing of impugned order | 26.11.2024 |
2. As per the case brief, a First Information Report was lodged on 19.05.2017 at CHC Balesar, on behalf of the applicant, Rajuram S/o Chainaram. It was alleged that on 18.05.2017, within the revenue limits of Mauja Balesar, the applicant/accused, in furtherance of a common intention with co-accused persons, deceitfully lured the complainant’s brother, Hukmaram, by hiring his pick-up vehicle bearing registration number RJ-21 GA-4353. It is further alleged that the accused kidnapped Hukmaram with the intent to commit his murder, and thereafter, committed robbery of the said vehicle, killed Hukmaram by strangulation, disposed of his body by throwing it into a pit, and attempted to destroy the evidence of the
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 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 fundamental, and prolonged detention without trial infringes on the accused's rights.
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.
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