Vijay Kasana S/O Shibbu Gurjar vs State Of Rajasthan ...
2023 Latest Caselaw 2649 Raj/2

[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

[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

[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

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