The High Court granted bail to the applicant accused under Section 439 CrPC in an NDPS case, balancing Section 37 of the NDPS Act against the right to speedy trial under Article 21 and long incarceration.
The accused-petitioner is to be enlarged on bail upon furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:42985]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 2474/2023
Girdhari Lal Purbia S/o Rameshwwar Lal Purbia Gadari, Aged About 29 Years, R/o Bavlas, Police Station Rashmi, District Chittorgarh. (At Present Lodged In District Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kailash Khilery For Respondent(s) : Mr. Abhishek Purohit, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
08/12/2023
| S.No. | Particulars of | the Case |
|---|---|---|
| 1. | FIR Number | 189/2019 |
| 2. | Concerned Police Station | Raipur |
| 3. | District | Bhilwara |
| 4. | Offences alleged in the FIR | Sections 8/15 of NDPS Act. |
| 5. | Offences added, if any | -- |
| 6. | Date of passing of impugned order |
28.01.2022 |
by a coordinate bench of this Court vide order dated 21.12.2022 with liberty to the petitioner to file afresh after change of any circumstances.
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trial. An accused cannot be kept behind bars as an undertrial for an indefinite period. A detailed order dated 27.08.2022 has been passed in this regard by this Court in S.B. Criminal Miscellaneous II Bail Application No. 12906/2022 titled Suraj Vs. State of
Rajasthan wherein it has been emphasized that the right of the accused to get a speedy trial is an inalienable fundamental right under Article 21 of Constitution of India.
(FARJAND ALI),J
1-Mamta/-
2 issues framed by the court
Whether the long incarceration of the accused pending trial and the slow pace of proceedings justify the grant of bail under Section 439 CrPC despite the provisions of Section 37 NDPS Act.
Whether the prosecution case is fit for granting bail given the delays in the trial.
Colour shows how this judgement treated each authority
Suraj Vs. State of RajasthanReferred¶26
Suraj Vs. State of Rajasthan
3 provisions across 2 enactments
Girdhari Lal Purbia
State Of Rajasthan
Farwand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
