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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CHANDRA PRAKASH SHRIMALI
Mangna Ram S/o Pokar Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.60/2020, registered at Police Station Bhojasar, District – Jodhpur (Rural) (now District - Phalodi) for offences under Sections 147 , 148, 149, 341, 323, 354, 440, 447, 307 & 302 of the IPC.
2. Heard learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for the complainant. Perused the material available on record.
3. As per the case of the prosecution, on 04.05.2020 at around 10:00 pm, several persons including Rajesh, Hari Prakash @ Guddu, Rakesh, Puna Ram, Magna Ram (present petitioner), Pokar Ram, Jugtaram, Krishna Ram, Sukhram, Shyamlal along with 10- 12 other persons barged into the property of the son of the complainant while carrying lethal weapons and took out the same from tractor and started beating Harish, witnessing the same Ganpat Lal and Shiv Lal tried to rescue him but they were also beaten as well. In furtherance, the clothes of Urmila, (daughter- in-law of the complainant) were torn by the accused persons. In connection with the said incident, the aforementioned FIR was lodged,
Bail is a right at pre-conviction stage barring exceptional circumstances; prolonged detention without trial infringes fundamental 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.
Prolonged pre-trial detention violates the right to a speedy trial, necessitating bail when delays are not caused by the accused.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, warranting bail.
Prolonged incarceration without trial is unconstitutional and violates the right to speedy trial under Article 21; balance must be maintained between personal liberty and societal interest.
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 incarceration of undertrials due to trial delays violates Article 21 right to speedy trial, entitling bail after over 2.5 years custody with minimal trial progress and no tampering risk.
Bail granted in murder case due to hostile key witness rendering prima facie accusation doubtful, prolonged incarceration over four years amid delayed trial, no antecedents, upholding Article 21 pers....
The right to a speedy trial is fundamental, and prolonged detention without trial infringes on the accused's rights.
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