Rajasthan High Court Grants Bail to Petitioner, Citing Trial Delay and Prolonged Custody
Case Title: Salman Khan v. State Of Rajasthan
Date of Decision: 12/09/2023
S.B. Criminal Miscellaneous Bail Application No. 2951/2023
Presiding Judge: Hon’ble JUSTICE KULDEEP MATHUR
Intro:
In the case of Salman Khan vs. State of Rajasthan, the petitioner sought bail under Section 439 of the Cr.P.C. The petitioner had been arrested in connection with FIR No. 49/2020 registered at Police Station Gulabpura, District Bhilwara, for offenses under Sections 8/15, 8/25, and 8/29 of the NDPS Act. The petitioner had been in custody since February 11, 2020, and had raised concerns regarding the delay in his trial.
Facts:
On February 11, 2020, during a police checkpoint (nakabandi), a truck was stopped, and the petitioner, identified as Salman Khan, was driving the vehicle. Upon searching the truck, the police discovered 420 kgs of contraband (poppy husk/straw). The petitioner was subsequently arrested, and an FIR was registered against him.
The petitioner had been in custody for over three years and six months. During this time, the trial had commenced, but only six out of a total of 22 cited prosecution witnesses had been examined.
Judgment:
The court considered the petitioner’s plea for bail, taking into account the delay in the trial and the petitioner’s extended custody period. The court referred to a Supreme Court order in the case of Rabi Prakash vs. The State of Odisha, which highlighted the importance of bail when trial delays are not attributable to the accused. The court noted that prolonged incarceration goes against the fundamental right guaranteed under Article 21 of the Constitution.
In line with these considerations and without expressing any opinion on the merits of the case, the court granted the petitioner bail. The petitioner was ordered to furnish a personal bond of Rs. 1,00,000/- along with two sureties of Rs. 50,000/- each to the satisfaction of the learned trial Judge. It was emphasized that these findings and observations were for the limited purpose of the bail application and should not prejudice the trial court.
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Written by Yagya Agarwal