[2023/RJJP/003749]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 75/2023
Vijay Kasana S/o Shibbu Gurjar, R/o Gram Bhojpura, Police
Station Sikandara District Dausa (Raj) (At Present Confined In
District Jail, Dausa)
----Appellant
Versus
1. State Of Rajasthan, Through The Pp
2. Susheel Meena S/o Sh. Motilal Meena, R/o Village Dolika,
Sikandara District Dausa (Raj)
----Respondents
For Appellant(s) : Mr. Shibbu Gurjar, father of the appellant present in person For Respondent(s) : Mr. Mangal Saini, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/03/2023 In "Ex-Capt. Harish Uppal versus Union of India and Anr. 2003(2) SCC 45, Apex Court has held that lawyers have no right to go on strike or to give a call for boycott of Courts. Calls given by Bar Association or Bar Council for such purpose cannot require the Court to adjourn the matters. In "Krishnakant Tamrakar Versus The State of Maddhya Pradesh" decided by the Apex Court on 28.03.2018. The Apex Court has held that strike by advocates is in violation of law laid down by the Apex Court and the same tentamounts to contempt. The Apex Court has further held that the office bearers are liable to be removed from the office for passing resolution for strike. In view of the judgment of Apex Court in Ex-Capt. Harish Uppal 3401 and 'Krishnakant Tamrakar (Downloaded on 10/03/2023 at 12:07:28 AM) [2023/RJJP/003749] (2 of 3) [CRLAS-75/2023] Versus The State of Madhya Pradesh" since the advocates are abstaining from work since 21.02.2023, this Court deems it proper to pass order on merits.
The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.533/2022 Police Station Sikandara District Dausa for the offences under Sections 323, 341, 386, 379, 34 & 506 IPC and Sections 3(1)(R), 3(1)(S) of SC/ST (Prevention of Atrocities) Act.
It is submitted by representative of the appellant that the appellant has falsely been implicated in this case and he has been in judicial custody since 22.11.2022. He further submits that after investigation, charge sheet has been filed in the matter. He further submits that trial will take considerable time, and therefore, the benefit of bail may be granted to the appellant.
Per contra, learned learned Public Prosecutor opposed the bail application.
Despite having been informed about hearing of this bail appeal, no one has appeared on behalf of the complainant.
Heard. Perused the material available on record. Having regard to the totality of facts and circumstances as available on record and the fact that the charge sheet has been filed in this matter and trial will take considerable time, this Court is of the opinion that the appellant deserves to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned order dated 20.12.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Dausa is set aside. It is ordered (Downloaded on 10/03/2023 at 12:07:28 AM) [2023/RJJP/003749] (3 of 3) [CRLAS-75/2023] that the accused-appellant- Vijay Kasana S/o Shri Shibbu Gurjar arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(ANIL KUMAR UPMAN),J ANAND TANWAR /16 (Downloaded on 10/03/2023 at 12:07:28 AM) Powered by TCPDF (www.tcpdf.org)