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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Arun Yadav – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. 101 grams heroin recovered from petitioner's vehicle. (Para 1 , 2) |
| 2. trial delay versus reoffending risk argued. (Para 3 , 4 , 5) |
| 3. successive bail requires substantial circumstances change. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. prolonged trial delay violates speedy trial right. (Para 13) |
| 5. speedy trial integral to article 21 liberty. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 6. bail granted for speedy trial violation. (Para 22 , 23 , 24 , 25 , 26) |
The petitioner has filed the present petition for the grant of regular bail in F.I.R. No.188/2023, dated 06.09.2023, registered at Police Station, Sadar, Solan, for the commission of an offences punishable under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act (N.D. P.S). It has been asserted that, as per the prosecution, the police searched a vehicle bearing registration No. UP24AT-1960 and recovered 101 grams of heroin from it. The police arrested the petitioner on 06.09.2023 at 10:30 P.M. The police filed the charge-sheet before the learned Special Judge, Solan-III. The prosecution has examined only three witnesses out of thirty-two witnesses cited by it. The ma
Prolonged trial delay after two years, with minimal witness examination, constitutes change in circumstances for successive bail in NDPS case, violating Article 21 speedy trial right and warranting r....
An individual's right to a speedy trial under Article 21 mandates consideration for bail, emphasizing the need to avoid prolonged detention without trial.
Successive NDPS bail applications allowed on change in circumstances like trial delay infringing speedy trial right under Article 21, overriding offence seriousness and antecedents for grant of bail.
Prolonged incarceration and trial delay in NDPS case with intermediate quantity constitute change in circumstances for successive bail, enforcing speedy trial right under Article 21 despite prior rej....
Successive NDPS bail granted despite prior dismissal due to over one-year pre-trial detention violating speedy trial right under Article 21, intermediate quantity, and despite antecedents.
Successive bail in NDPS intermediate quantity case granted due to Article 21 speedy trial violation from long incarceration and trial delay, despite prior rejection and antecedents.
Prolonged trial delay in NDPS intermediate quantity case violates speedy trial right under Article 21, constituting change in circumstances for successive bail despite prior rejections and antecedent....
Successive bail in serious offences granted on material change like trial delay and co-accused releases, upholding speedy trial right under Article 21 despite prior rejection.
Inordinate trial delay by prosecution violates Article 21 speedy trial right, entitling bail in NDPS commercial quantity cases despite Section 37 rigours.
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