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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANIL KUMAR UPMAN
Shaitan Singh S/o Shri Uttam Singh – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
| Table of Content |
|---|
| 1. factual basis for bail application. (Para 1) |
| 2. arguments regarding indictment and conditions surrounding bail. (Para 2 , 3) |
| 3. court's conclusion and directions for bail conditions. (Para 4 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. right to speedy trial and its implications. (Para 5 , 6 , 10 , 11) |
| 5. judicial precedents on bail considering incarceration duration. (Para 8 , 9 , 12) |
ORDER :
ANIL KUMAR UPMAN, J.
1. The instant bail application under Section 483 BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.32/2019, registered at SOG, Special Police Station, District SOG/ATS, Jaipur for offences punishable under Sections 406, 409, 420, 467, 468, 471 & 120B of IPC and Section 65 of the Information Technology Act. After completion of investigation, Police filed charge-sheet in the matter.
2. Learned Senior Counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case. It is submitted that alleged offences are triable by the Magistrate. Learned Counsel submits that the petitioner is facing trial before the Magistrate’s Court, and even in the event of conviction, the maximum sen
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.
Prolonged incarceration without trial infringes fundamental rights under Article 21 of the Constitution, justifying bail when prosecution delays proceedings unnecessarily.
The right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial violates this right, warranting the grant of bail.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is unjustifiable.
Prolonged incarceration without trial violates the right to speedy justice under Article 21, necessitating bail despite the gravity of the charges.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial violates this right.
Prolonged pre-trial detention violates the fundamental right to a speedy trial under Article 21, necessitating bail for the accused.
Prolonged pre-trial detention violates the right to a speedy trial, necessitating bail when delays are not caused by the accused.
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