AI Overview...
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Delay in Trial - The courts have recognized that prolonged delays in trial, especially when charges have been framed but trial remains pending, constitute a valid ground for granting bail. The judgment in Mohd Muslim @ Hussain vs. Narcotics Control Bureau (Supra) emphasizes that delays beyond a reasonable period undermine the right to a speedy trial and can justify bail even under restrictions like Section 37 of the NDPS Act Ranjan Kumar Sahu S/o Nirakar Sahu VS State Of Chhattisgarh - Chhattisgarh.
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Right to Personal Liberty - Several judgments highlight that the fundamental right to liberty under Article 21 of the Constitution is infringed upon when an accused remains in prolonged custody without trial progress. Courts have considered the length of custody and the slow pace of proceedings as significant factors for bail, especially when only a few witnesses have been examined over years Mangi Lal VS State of Rajasthan - Rajasthan, Kailash Kumar VS State of Rajasthan - Rajasthan, Panchi Ram S/o Sh. Rajaram VS State Of Rajasthan, Through Pp - Rajasthan.
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Judicial Precedent - The Supreme Court in Mohd Muslim @ Hussain (Supra) set a precedent that delay in trial can override statutory restrictions under Section 37 of the NDPS Act, allowing courts to grant bail if the delay is unreasonable and infringes on the accused’s rights GURMANGAT Vs. STATE OF RAJASTHAN - Rajasthan, Panchi Ram S/o Sh. Rajaram VS State Of Rajasthan, Through Pp - Rajasthan.
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Consistency in Application - Multiple cases have applied the Mohd Muslim judgment, noting that even under stringent laws like the NDPS Act, delay in trial is a compelling factor for bail, especially when evidence is scant or witnesses are yet to be examined GHANSHYAM Vs. STATE OF RAJASTHAN - Rajasthan, Manoj Bhai vs Union Of India - Rajasthan.
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Analysis and Conclusion - The core insight from these sources is that delays in trial proceedings, particularly when they are unreasonable and prolonged, form a strong basis for granting bail. The Mohd Muslim @ Hussain judgment underscores that the right to a speedy trial and personal liberty can take precedence over statutory restrictions, leading courts to release accused persons in cases where trial delays violate constitutional rights. This approach ensures a balance between law enforcement interests and individual rights Ranjan Kumar Sahu S/o Nirakar Sahu VS State Of Chhattisgarh - Chhattisgarh, GURMANGAT Vs. STATE OF RAJASTHAN - Rajasthan, Mangi Lal VS State of Rajasthan - Rajasthan, Kailash Kumar VS State of Rajasthan - Rajasthan, Manoj Bhai vs Union Of India - Rajasthan.
References: - Rajesh (Supra) Ranjan Kumar Sahu S/o Nirakar Sahu VS State Of Chhattisgarh - Chhattisgarh - Supreme Court judgment in Mohd Muslim @ Hussain (Supra) GURMANGAT Vs. STATE OF RAJASTHAN - Rajasthan - Various cases emphasizing delay as a ground for bail under NDPS Act and constitutional rights Panchi Ram S/o Sh. Rajaram VS State Of Rajasthan, Through Pp - Rajasthan, Mangi Lal VS State of Rajasthan - Rajasthan, Kailash Kumar VS State of Rajasthan - Rajasthan, GHANSHYAM Vs. STATE OF RAJASTHAN - Rajasthan, Manoj Bhai vs Union Of India - Rajasthan
Search Results for "Mohd Muslim Judgment on Delay in Trial"
2023 0 Supreme(Chh) 328 • India - Chhattisgarh
DEEPAK KUMAR TIWARI
Rajesh (Supra), Court is of view that if any procedure has not been followed, same shall be seen during trial after leading evidence ... Though investigation is complete and charge sheet has also been filed in the month of November, 2022, however, charges have not been framed so far and, therefore, there is huge delay in trial. Placing reliance on the judgment of the Hon’ble Supreme Court in the matter of Mohd. Muslim @ Hussain Vs. ... Narcotics Control Bureau {CRL Appeal No.10271/2015....
2025 Supreme(RAJ) 167 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE MANOJ KUMAR GARG, J
... ... Findings of Court: ... The court grants bail based on the prolonged period of incarceration and the delay in trial, allowing ... when trial delays are unreasonable. ... (A) NDPS Act - Section 37 - Bail application - Prolonged incarceration of the accused for over three and a half years with trial ... Court in Mohd Muslim @ Hussain’s case (supra), the petitioner is entitled to be enlarged on bail. ... Learned counsel for the petitioner has further placed reliance on the decisi....
2024 0 Supreme(Raj) 1417 • India - Rajasthan
MANOJ KUMAR GARG
eliminate constitutional rights to bail - The court allowed the bail application based on the extended custody period and the ongoing trial ... No(s).915 of 2023, wherein it is observed by the Hon’ble Supreme Court that delay in trial can also be considered for releasing accused person on bail despite the restrictions imposed under Section 37 of the NDPS Act and in the light of the judgment passed by the Hon’ble Supreme Court in Mohd Muslim ... Learned counsel for the petitioner has fu....
2024 0 Supreme(Raj) 1242 • India - Rajasthan
MANOJ KUMAR GARG
Section 37 - Criminal Procedure Code - Section 439 - Bail application - The petitioner has been in custody since 04.08.2020, with the trial ... the fundamental right to liberty under Article 21 - The statutory restrictions under Section 37 do not completely bar bail if the trial ... ... ... Findings of Court: ... The court allowed the bail application based on the lengthy custody period and the ongoing trial. ... No(s).915 of 2023, wherein it is observed by the Hon'ble Supreme Court that delay in trial#HL_EN....
2024 Supreme(Online)(RAJ) 28077 • India - High Court of Rajasthan (Jodhpur Bench)
DR. JUSTICE PUSHPENDRA SINGH BHATI, J
under NDPS Act as observed in Mohd Muslim @ Hussain Vs. ... in trial and identical charges against co-accused granted bail - Court noted that delay in trial is a valid consideration for bail ... Criminal Procedure, 1973 - Section 439 - Bail application - The petitioner, arrested under FIR No.122/2020, sought bail citing delay ... It is submitted that in the light of the judgment passed by the Hon’ble Supreme Court in Mohd Muslim @ H....
2025 Supreme(Online)(Raj) 13643 • India - High Court of Rajasthan (Jodhpur Bench)
Manoj Kumar Garg, J
Section 37 of the NDPS Act and in the light of the judgment passed by the Hon’ble Supreme Court in Mohd Muslim @ Hussain’s case (supra), the petitioner is entitled to be enlarged on bail. ... Hon’ble the Supreme Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave Petition (Crl.) ... No(s).915 of 2023, has also observed that delay in trial can also be considered for releasing accused person on bail despite the restrictions imposed under a href=....
2024 0 Supreme(Raj) 147 • India - Rajasthan
MANOJ KUMAR GARG
The court allowed the second bail application considering the prolonged custody of the petitioner and the ongoing trial ... No. 915 of 2023, wherein it is observed by the Hon’ble Supreme Court that delay in trial can also be considered for releasing accused person on bail despite the restrictions imposed under Section 37 of the NDPS Act and in the light of the judgment passed by the Hon’ble Supreme Court in Mohd. ... Learned counsel for the petitioner has further placed reliance on the decision dated 2....
2024 0 Supreme(Raj) 763 • India - Rajasthan
REKHA BORANA
petitioner sought bail under Section 439 Cr.P.C. for alleged offences under the NDPS Act, claiming innocence and highlighting the delay ... on bail, emphasizing the right to a speedy trial and personal liberty. ... in trial proceedings, with only two out of nineteen witnesses examined over three years. ... No(s).915 of 2023, wherein it is observed by the Hon'ble Supreme Court that delay in trial can also be considered for releasing accused person on bail despite the restrictions imposed under Section 37....
2024 Supreme(Online)(RAJ) 29041 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE KULDEEP MATHUR, J
... ... Issues: The main issues were the delay in trial, the lack of substantial evidence against the petitioner, and the precedent ... ... ... Ratio Decidendi: The court ruled that the delay in trial and the absence of substantial evidence against the petitioner justified ... in trial considered for bail - Petitioner in custody since 05.07.2021, with only 6 out of 23 witnesses examined - No substantial ... Learned counsel for the petitioner has submitted that in the light of the judgment#H....
2024 Supreme(Online)(RAJ) 3407 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE MANOJ KUMAR GARG, J
under Article 21 of the Constitution - Court grants bail considering the lengthy custody period and ongoing trial. ... Psychotropic Substances Act, 1985 - Sections 8, 15, and 25 - Bail application - Petitioner has been in custody since 12.08.2021; trial ... witnesses, only 8 examined - Supreme Court's ruling emphasizes that prolonged incarceration infringes upon the right to speedy trial ... Mohd Muslim @ Hussain’s case (supra), the petitioner is entitled to be enlarged on bail. ... Learned counsel for....
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