Birma Son Of Shri Kiratram Gurjar vs State Of Rajasthan ...
2023 Latest Caselaw 2851 Raj/2

[2023/RJJP/004114]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

    S.B. Criminal Miscellaneous Bail Application No. 2447/2023

Birma Son Of Shri Kiratram Gurjar, Resident Of Chaudhe Ka Pura
Police Station Badi District Dholpur. At Present In District Jail,
Dholpur.
                                                                   ----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.417/2011 Registered at Police

Station Roopbas, District Bharatpur for the offence(s) under

Sections 147, 148, 149, 336 and 307 IPC.

[2023/RJJP/004114] (2 of 2) [CRLMB-2447/2023]

Petitioner in his pleadings mentioned that he has been falsely

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

sheet under Section 299 Cr.P.C. has been filed against the

petitioner 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 Birma Son

Of Shri Kiratram Gurjar 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 /14

Powered by TCPDF (www.tcpdf.org)