Ramsingh Yadav S/O Shri Deburam ... vs State Of Rajasthan
2021 Latest Caselaw 7115 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous Application No. 255/2020

                                          In

            S.B. Cr. Misc. Bail Application No. 4875/2020

Ramsingh Yadav S/o Shri Deburam Yadav, R/o Hanumagar Ki
Dhani, Village Diwrala Distt. Sikar Raj. (At Present Confined In
Central Jail Jaipur)
                                                            ----Accused Petitioner
                                      Versus
State Of Rajasthan, Through PP
                                                                   ----Respondent

For Petitioner(s) : Mr. Anil Upman, Advocate For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PRAKASH GUPTA Order

Date of Order :: 2/12/2021

Matter comes up on an application under Section 482

CrPC for recalling the order dated 23.10.2020 passed by this Court

in S.B. Cr. Misc. Bail Application No. 4875/2020.

Learned counsel for the petitioner submits that the

aforesaid bail application was listed before the Court on

23.10.2020 and when the case was called out for hearing, no one

had appeared on behalf of the petitioner due to poor connectivity

and therefore immediately message was sent by the counsel for

the petitioner to the Court Master through Whataspp on the

number provided in the cause list. Subsequently, it came to the

notice of the counsel for the petitioner that not only the bail

application filed by the petitioner was dismissed, but presence on

behalf of the petitioner was also wrongly recorded, whereas the

(2 of 2) [CRLMA-255/2020]

counsel could not be connected through Video Conferencing due to

poor connectivity. Thus, on the basis of arguments advanced by

counsel for the co-accused in connected bail application, the

impugned order has been passed in the bail application of the

accused petitioner without affording an opportunity of hearing to

him. Therefore, the order dated 23.10.2020 qua petitioner be

recalled and the bail application be listed for hearing on merits. In

support of his contentions, he has placed reliance on the Full

Bench Judgment of this Court in the case of Habu Versus The

State of Rajasthan reported in RLW 1987 page 69.

Learned PP does not oppose the same.

Heard. Considered.

In the case of Habu (supra), the Full Bench of this

Court has held that powers under Section 482 CrPC can be and

should be exercised by Court for recalling the judgment in case

the hearing is not given to the accused.

From a perusal of the order dated 23.10.2020 passed

by this Court it transpires that in the said order presence of

counsel for the petitioner was not recorded and an opportunity of

hearing was not afforded to the counsel for the petitioner.

For the aforesaid reasons and in the light of the

judgment passed by the Full Bench of this Court in the case of

Habu (supra), the order dated 23.10.2020 passed by this Court,

qua petitioner Ram Singh Yadav, is recalled.

Registry is directed to list the bail application of the

petitioner Ram Singh Yadav for orders as per roster.

(PRAKASH GUPTA),J

DILIP KHANDELWAL /14

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