Harish Kumar vs State
2022 Latest Caselaw 1134 Raj

(1 of 2) [CRLMA-21/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Appli No. 21/2022

1. Harish Kumar S/o Ambaramji, Aged About 39 Years, R/o Village Hindwara, District Jalore.

2. Kapil S/o Bhaga Ram, Aged About 21 Years, R/o Village Hindwara, District Jalore.

3. Mula Ram S/o Peera Ramji, Aged About 45 Years, R/o Village Hindwara, District Jalore.

4. Babu Lal S/o Rawataramji, Aged About 47 Years, R/o Village Amli, District Jalore.

5. Kesha Ram S/o Rawjram, Aged About 60 Years, R/o Village Amli, District Jalore.

6. Radmal Ram S/o Hameeraji, Aged About 55 Years, R/o Village Amli, District Jalore.

7. Sawala Ram S/o Punmaji, Aged About 50 Years, R/o Village Amli, District Jalore.

8. Narbha Ram S/o Anadaramji, Aged About 64 Years, R/o Village Amli, District Jalore.

9. Ramesh Kumar S/o Shivaji, Aged About 42 Years, R/o Village Amli, District Jalore.

10. Prakash Kumar S/o Krishanji, Aged About 35 Years, R/o Village Amli, District Jalore.

11. Mahendra S/o Hemrajji, Aged About 24 Years, R/o Village Amli, District Jalore.

12. Babu Lal S/o Magaji, Aged About 47 Years, R/o Village Hindwara, District Jalore.

13. Peera Ram S/o Khemaji, Aged About 40 Years, R/o Village Amli, District Jalore.

----Petitioners Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr Mukesh Rajpurohit For Respondent(s) : Mr S.S. Rajpurohit, Public Prosecutor

(2 of 2) [CRLMA-21/2022]

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment / Order

24/01/2022

Heard learned counsel for the applicants and the learned

Public Prosecutor on misc. application for restoration of the bail

application, filed under Sec.438 CPC.

Learned counsel for the applicants submits that a per-

emptory order was passed by a coordinate Bench of this Court on

05.10.2021. Due to some bonafide mistake, the defects pointed

out by the Office were not removed by the learned counsel within

the stipulated time and therefore, the bail application

(No.7881/2021) was dismissed on 22.11.2021 for non-compliance

of the per-emptory order. The bail application was filed on behalf

of 13 petitioners, for whom fresh power is required to be filed and

the party should not be penalized for any negligence on the part

of the counsel.

Per contra, learned Public Prosecutor has opposed the

application for restoration.

Having regard to the facts and circumstances of the matter,

the misc. application is allowed and the Bail Application of the

applications, registered as Bail Application No.7881/2021, is

ordered to be restored, with the condition that the accused-

petitioners may remove the defects within period of 07 days, per-

emptorily. If the defects are removed within 7 days, the Bail

Application be listed before the Court.

(DEVENDRA KACHHAWAHA),J 99-MMA/-

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