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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Shravan Kumar Alias Vakil S/o Rawta Ram – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. bail application process and impact of trial delays. (Para 1 , 2 , 6) |
| 2. right to speedy trial as a fundamental right. (Para 4 , 5) |
| 3. human rights concerns surrounding incarceration. (Para 7) |
ORDER :
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 483 of the BNS at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against the petitioner and he has been made an accused based on conjectures and surmises. There are no factors at play in the case at hand that may work against grant of bail to him and his further incarceration is not warranted. The trial is proceeding at very slow pace as out of total 30 witnesses only 23 have been examined till now. The petitioner is behind the bars for last 6 years. On these grounds, prays that the petitioner may be granted indulgence of bail.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused
The right to a speedy trial under Article 21 is fundamental, and prolonged pre-conviction detention without trial is a violation of personal liberty and justice principles.
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.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged incarceration 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.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, 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 is impermissible.
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.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged detention without trial is a violation of this right. The court emphasized that pre-con....
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