Dataar Singh @ Dataariya Meena S/O ... vs State Of Rajasthan ...
2023 Latest Caselaw 2850 Raj/2

[2023/RJJP/004113]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

    S.B. Criminal Miscellaneous Bail Application No. 2383/2023

Dataar Singh @ Dataariya Meena S/o Shri Amichand, Aged
About 34 Years, R/o Savalpura, Police Station Ajeetgardh,
District Jaipur. (Presently Confined In Central Jail, Jaipur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Petitioner(s)          :    None
For Respondent(s)          :    Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

14/03/2023

No one appears on behalf of the petitioner.

Learned lawyers are not attending/co-operating with the

Court in judicial proceedings since last more than three weeks,

though, they have no grievance against the Court administration.

The Apex Court in the judgment of Harish Uppal Vs. Union

of India & Anr. reported in (2003) 2 SCC 45 observed that

non-cooperation in judicial proceeding is not only punitive one,

rather the Court is empowered to proceed in the listed judicial

matters according to the law even in the absence of the parties

and/or their Advocates.

The present bail application has been filed under Section 439

Cr.P.C. in connection with FIR No.268/2021 Registered at Police

Station Samod, Jaipur (Rural) for the offence(s) under Sections

457 and 380 IPC.

[2023/RJJP/004113] (2 of 2) [CRLMB-2383/2023]

Petitioner in his pleadings mentioned that he has been falsely

implicated in this case. He is behind the bars since long. The

police after completion of investigation has filed the charge-sheet.

Alleged offence is triable by a Judicial Magistrate (First Class) and

conclusion of trial may take long time. Hence, he may be enlarged

on bail.

Learned Public Prosecutor has opposed the bail application.

Considering the contentions and taking into account the facts

and circumstances of the case, without expressing any opinion on

the merits and demerits of the case, this court deems it just and

proper to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner Dataar

Singh @ Dataariya Meena S/o Shri Amichand be enlarged on

bail provided he furnishes a personal bond in the sum of

Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial court with the stipulation that he

will appear before the trial court on all subsequent dates of

hearing and as and when called upon to do so.

(NARENDRA SINGH DHADDHA),J

Jatin /13

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