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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Jitender – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. overview of bail petition context. (Para 2) |
| 2. details surrounding detention and recovery of contraband. (Para 3 , 4) |
| 3. arguments presented by the bail petitioner. (Para 5 , 6) |
| 4. state's position and evidence reviewed. (Para 7 , 8) |
| 5. legal provisions and criteria for bail assessment. (Para 9 , 10) |
| 6. supreme court's observations on bail standards. (Para 11 , 12) |
| 7. comments on personal liberties and trial delays. (Para 13 , 14) |
| 8. final bail order issued by the court. (Para 15 , 16) |
JUDGMENT :
Ranjan Sharma, J.
Bail petitioner, Jitender [being in custody 14.09.2023] has come up before this Court seeking regular bail under Section 439 of the Code of Criminal Procedure [hereinafter referred to as Cr.P.C] originating from F.I.R. No. 148 of 2023 dated 14.09.2023, under Section 15 and 29 of Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act) registered with Police Station Majra, District Sirmour, (H.P.)
FACTUAL MATRIX
2. Case set up by Mr. Karun Negi, Learned Counsel for the bail petitioner [Jitender] is that on 14.09.2023 police party received an information at about 10.20 a.m that a White Creta Hundai Car bearing registration No. HR14P-9300 was carry
Prolonged incarceration without trial infringes the fundamental right to personal liberty under Article 21, requiring bail to be granted in cases of no substantive evidence against the accused and ex....
The court reinforced that bail serves to protect an individual's personal liberty, particularly when prolonged detention without trial raises constitutional concerns under Article 21, emphasizing the....
Prolonged incarceration without trial violates personal liberty; bail is granted when no reasonable grounds exist for guilt.
Prolonged incarceration without trial violates the right to personal liberty under Article 21, necessitating the grant of bail even under stringent provisions like the NDPS Act if no reasonable groun....
Prolonged pre-trial detention without a clear and prima facie case warrants bail under the NDPS Act, emphasizing the right to personal liberty.
Bail is granted when no prima facie case exists against the accused, emphasizing the right to personal liberty under Article 21, especially during prolonged incarceration and delay in trial.
Prolonged detention without trial undermines personal liberty; bail is favored, especially when evidence against the accused is weak and trial delays are significant.
Prolonged incarceration and lack of evidence necessitate bail, emphasizing personal liberty and the right to a speedy trial under Article 21 of the Constitution.
Under prolonged detention circumstances, bail should be granted if no reasonable grounds exist to believe in the guilt of the accused, respecting Article 21 rights.
Prolonged pre-trial incarceration may justify bail under NDPS Act when there is no substantial evidence against the accused and the right to personal liberty under Article 21 is violated.
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