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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Nurul Islam Son Of Shri Abdul Jabbarar – Appellant
Versus
Rajasthan Govt., Through Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. petition for bail due to prolonged custody. (Para 1 , 2 , 3) |
| 2. provisions related to approvers and right to speedy trial. (Para 6 , 10 , 11) |
| 3. fair trial and dignity is inherent for all, including non-citizens. (Para 8 , 15 , 16) |
| 4. right to life and personal liberty extends to all, including foreigners. (Para 12 , 13 , 14) |
| 5. court's directive for trial and bail proceedings. (Para 18 , 19 , 20) |
ORDER :
ANOOP KUMAR DHAND, J.
1. By way of filing this criminal misc. petition, a prayer has been made for releasing the petitioner on bail in connection with the FIR No.319/2024 registered with Police Station Jawahar Circle, District Jaipur City (East) under Sections 419 , 420, 471 & 120-B IPC .
2. Learned counsel for the petitioners submits that an FIR was registered against certain accused persons with regard to illegal kidney transplantation and human trafficking wherein petitioners along-with co-accused persons were arrested on 23.04.2024. Learned counsel submits that the petitioners became approver and on the basis of their police statement, the other co-accused persons were arrested. Learned counsel submits that now all the co-accused persons, against whom charge-sheet
Prolonged detention of an approver without trial violates the fundamental right to speedy trial under Article 21, applicable to foreign nationals.
Pardon person - where the provisions of Section 306(4)(b) of the Cr.P.C. 1973 stipulate categorically to the effect that every person accepting a tender or pardon made under Sub-Section (1) of Sectio....
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
Bail conditions must not be excessively onerous, as this equates to a refusal of bail, violating the principles of justice, especially for foreign nationals under Article 21.
(1) Bail – When trial gets prolonged, it is not open to prosecution to oppose bail of accused-undertrial on the ground that charges are very serious – Bail cannot be denied only on the ground that ch....
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