Rajasthan High Court judgments

The Rajasthan High Court granted bail to an accused not charge-sheeted under Section 103(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, holding that detention without formal charges and no reasonable apprehension of flight renders custody unjustified. This reinforces that procedural non-compliance in charge-sheeting can independently justify bail, even in serious cases, shifting focus from gravity to due process.

The Rajasthan High Court granted bail to a petitioner with 16 prior criminal cases for a magistrate-triable offence under BNSS 2023, emphasizing that pre-trial detention cannot be indefinite when trial delays are likely. The condition of monthly police reporting balances public interest with the right to liberty, reinforcing Arnesh Kumar’s presumption of bail for non-violent, non-bailable offences.

The Rajasthan High Court granted bail after finding that the net weight of mephedrone, excluding polythene packaging, fell below the 50-gram commercial quantity threshold. This clarifies that forensic weight must be measured without container material - a critical precedent for NDPS bail applications where packaging inflates seized weight.

The Rajasthan High Court has ruled that financial hardship alone justifies releasing an accused on personal bond without sureties, reinforcing the Arnesh Kumar principle that bail should not be conditioned on means. This sets a critical precedent for low-income defendants across India, ensuring access to liberty is not contingent on economic capacity.

The Rajasthan High Court has ruled that an employee’s prior service with Ajmer Vidyut Vitran Nigam Limited (AVVNL) must be counted for pay protection and seniority benefits upon joining a state government department, reinforcing that public sector transfers cannot arbitrarily erase accrued service rights. This sets a critical precedent for thousands of utility employees transitioning to state posts, ensuring equitable treatment under service rules and preventing loss of earned benefits.

Rajasthan High Court rules that service experience gained through placement agencies must be considered for contractual hiring under the Rajasthan Contractual Hiring Civil Posts Rules, 2022, ensuring fair employment rights for contractual workers. The decision reinforces administrative compliance with service law and prevents arbitrary exclusion of valid work experience.

Rajasthan High Court rules that notional benefits, once granted to a government employee based on inter se merit, cannot be unilaterally withdrawn without misrepresentation or fraud. The judgment reinforces that seniority and consequential benefits, once accorded, are vested rights protected under settled precedents like Om Prakash, Hemlata Shrimali, and Suman Bai.

The Rajasthan High Court stayed a National Commission for Homeopathy circular that barred PG homeopathy graduates from unlisted colleges from teaching roles, emphasizing natural justice and regulatory compliance. The interim order ensures affected graduates retain eligibility pending final adjudication, setting a precedent for fair procedural review in professional regulatory disputes.

Rajasthan High Court held that mixing samples from multiple seized bags of contraband violates the mandatory procedure under Section 52A of the NDPS Act, rendering the conviction vulnerable. The Court suspended the sentence, emphasizing strict compliance with sampling protocols to ensure fair trial rights.

The Rajasthan High Court ruled that guest faculty under the Vidhya Sambal Scheme cannot be displaced until regular appointments via RPSC are made, reinforcing their legitimate expectation to continue service. The honorarium is fixed at Rs. 800/hour, ensuring contractual employment rights are protected pending regularization.

Rajasthan High Court grants bail to an accused under Section 439 CrPC after 3+ years of incarceration, holding that prolonged trial delays-with only 4 of 35 witnesses examined-override the gravity of NDPS offences. The ruling underscores that undue delay attributable to the prosecution violates the right to speedy trial, entitling the accused to bail even in serious drug cases.

Rajasthan High Court reaffirms that seniority in government service must be determined strictly by inter-se merit in common selection lists, as per Rule 27 of the Rajasthan Education Subordinate Service Rules 1971. The ruling mandates compliance with established precedents, ensuring fairness in service appointments and promotions for similarly situated candidates.

Rajasthan High Court reinforces that state governments must adhere to prescribed legal procedures in recruitment, striking down an arbitrary appointment advertisement. The court directed issuance of appointment orders within three weeks for petitioners in Baran, Sirohi, Dholpur, and Pratapgarh districts, setting a precedent for compliance with natural justice in public employment.

Rajasthan High Court reinforces guest faculty rights under the Vidhya Sambal Scheme, mandating their continuation until regular appointments are made. The ruling ensures Rs. 800/hour honorarium and protects contractual employment rights, setting a precedent for service law compliance in educational schemes.

The Rajasthan High Court has ruled that temporary employees who were within the prescribed age limit at the time of their initial appointment are entitled to age relaxation when applying for permanent posts, even if they exceed the upper age limit at the time of interview. This sets a critical precedent for thousands of contractual government workers across Rajasthan, ensuring that prior service tenure is not penalized by rigid age criteria during recruitment.

Rajasthan High Court rules that exclusion of a disabled candidate from the final selection list without reason violates principles of natural justice. The court directs reservation of a post for the petitioner, reinforcing employment rights under disability reservation laws.

The Rajasthan High Court suspended the sentence of a life convict who had already served over 10 years, 10 months, and 21 days, aligning with Supreme Court directives in Sonadhar and Saudan Singh. The ruling reinforces that prolonged incarceration without appeal disposal justifies bail, even in heinous offences, unless exceptional circumstances exist.

Rajasthan High Court rules that an axe blow to the head constitutes sufficient prima facie evidence of intent to commit murder under BNS, justifying charge framing. The ruling clarifies that courts need not wait for trial to assess intent where the act itself demonstrates clear criminal purpose, impacting criminal procedure in violent offences.

Rajasthan High Court directs trial courts to release accused on bail the same day if a charge-sheet is filed without arrest, reinforcing the right to speedy investigation under Satender Kumar Antil and Ashok Kumar precedents. The ruling applies specifically to corruption cases under the Prevention of Corruption Act, ensuring non-arrested accused are not subjected to unnecessary detention.

Rajasthan High Court upholds eviction notices for unauthorized religious structures near the Indo-Pak border, ruling that national security concerns override procedural objections under writ jurisdiction. The judgment reinforces that land revenue and colonization laws prevail in sensitive border zones, limiting constitutional remedies for affected parties.

Rajasthan High Court rules that imposing a 20% fine deposit as a precondition for suspending sentence under Section 138 NI Act is unjustified without recorded reasons. The decision reinforces judicial discretion in bail matters, impacting accused facing financial penalties in cheque bounce cases.

Rajasthan High Court reinforces equitable treatment for police personnel who resigned to join other state services by directing reimbursement of recovered salary with 6% interest, citing the binding Arun Choudhary precedent. The ruling underscores that the State cannot apply differential standards once the precedent has been consistently implemented, ensuring financial justice for affected employees.

The Rajasthan High Court has ruled that the Archaeological Survey of India must provide affected residents a meaningful opportunity to be heard before issuing demolition orders near the Chittorgarh Fort, reinforcing that heritage protection cannot override fundamental procedural rights. This sets a critical precedent for all notified monuments under the AMASR Act, ensuring local communities are not silenced by bureaucratic enforcement.

The Rajasthan High Court granted bail to an accused in excise offences triable by a Magistrate, holding that indefinite pre-trial detention without trial-despite no flight risk-violates the right to speedy justice under Article 21. This reinforces that for non-serious offences, prolonged custody alone is sufficient grounds for release, irrespective of the prosecution’s opposition or the case’s merits.