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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rekha Borana
Chamkaur Singh S/o Ruldu Singh – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
| Table of Content |
|---|
| 1. petitioner's prolonged incarceration and trial delay. (Para 1 , 2) |
| 2. arguments based on precedents for bail under ndps due to trial delays. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. court observations on trial delays and their implications for bail. (Para 10 , 11 , 12) |
| 4. court's reasoning for granting bail based on trial delay. (Para 13) |
| 5. final ruling on bail application. (Para 14 , 15) |
ORDER :
1. The present fourth bail application has been filed under Section 483, BNSS on behalf of the petitioner who is in custody in connection with F.I.R. No. 131/2020, Police Station Naal, District Bikaner, for the offences under Sections 8/22 , 8/25 & 8/29 of the NDPS Act.
3. Counsel further submits that co accused Harpreet Singh @ Sarba Singh has already been granted bail by a co-ordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.12347/2024 vide order dated 04.12.2024. Therefore, it is prayed that the petitioner may also be enlarged on bail.
“1. The petitioner is charged with offences punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act 1985. She is in custody for a period of two years. Though the trial has progressed, only five
The significant delay in trial proceedings justifies the granting of bail despite statutory restrictions, prioritizing the right to personal liberty.
Prolonged pre-trial detention can justify bail despite statutory restrictions, emphasizing the right to personal liberty and speedy trial.
Prolonged incarceration exceeding three years justifies bail under NDPS Act despite statutory restrictions, emphasizing the right to a speedy trial.
The court considered the prolonged custody of the petitioner and the exceptions within Section 37 of the NDPS Act to grant bail.
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
Prolonged incarceration and delays in trial can justify bail under Section 439 Cr.P.C., emphasizing the right to a speedy trial under Article 21.
Bail – Fifth bail application filed solely on the ground of custody period of accused and keeping in view fact that trial against him has not been completed till date, deserves to be accepted.
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
The delay in trial and prolonged incarceration can warrant granting bail despite statutory restrictions under the NDPS Act.
The central legal point established in the judgment is that prolonged incarceration militates against the fundamental right guaranteed under Article 21 of the Constitution, and bail can be granted ba....
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