Ramniwas S/O Shri Ganpat Ram vs State Of Rajasthan
2023 Latest Caselaw 2644 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 2676/2023

Ramniwas S/o Shri Ganpat Ram, Aged About 53 Years, R/o Plot
No.50,    Benar     Road,       Dadi    Ka    Phatak,       Jaipur,    at   present
Superintendent Office of Deputy Commissioner, Central Goods
and Service Tax Range _13, Road No.1, Vishwakarma Industrial
Area, Rajasthan. ( Presently In Central Jail At Jaipur)
                                                                      ----Petitioner
                                       Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Petitioner(s) : Ms. Jaishree, wife of the petitioner For Respondent(s) : Mr. Chandra Gupt, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

03/03/2023

1. 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

Versus The State of Madhya Pradesh", since the advocates are

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abstaining from work since 21.02.2023, this Court deems it proper

to pass order on merits.

2. The petitioner has filed this bail application under Section

439 of Cr.P.C.

3. F.I.R. No. 26/2023 was registered at Police Station District

Chowki ACB Sikar, Chief Head Quarter Centre ACB Jaipur for

offences under Section 7 of the Prevention of Corruption

(Amended) Act 2018 and Section 120B IPC.

4. It is contended by representative of the accused-petitioner

that the accused-petitioner has falsely been implicated in this

case. She further submits that nothing has been recovered from

possession of the petitioner. She further submits that the

petitioner is in judicial custody since 01.02.2023 and further

detention of the petitioner is not warranted. She thus, prays that

the present bail application may kindly be allowed.

5. Learned Public Prosecutor vehemently opposed the bail

application and submits that investigation is still pending.

6. I have considered the contentions.

7. Considering the overall facts and circumstances of the case

and especially the fact that the petitioner is in judicial custody and

trial of the case is likely to take considerable time, I deem it

proper to allow the instant bail application.

8. This bail application is accordingly allowed and it is directed

that accused-petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

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Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the learned Trial Court with the stipulation that he shall appear

before that Court and any court to which the matter is transferred,

on all subsequent dates of hearing and as and when called upon to

do so.

(ANIL KUMAR UPMAN),J

ANAND TANWAR /C-1

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