Sudheer Kumar S/O Late Sh. Eelm ... vs State Of Rajasthan ...
2023 Latest Caselaw 2853 Raj/2

[2023/RJJP/004112]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

    S.B. Criminal Miscellaneous Bail Application No. 2199/2023

Sudheer Kumar S/o Late Sh. Eelm Chand, Aged About 45 Years,
R/o Village Mohanpura, Police Station Civil Line, Rudki District
Haridwar(Uttarakhand) At Present Tenant A/150, Seconda Floor
Jhilmil Colony, Police Station Vivek Vihar, Delhi, At Advocate
Patiyala House Court, New Delhi. (At Present Confined In Central
Jail Jaipur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Petitioner(s) : Mrs. Bhawna, wife of the petitioner, present in person For Respondent(s) : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

14/03/2023

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.

The present bail application has been filed under Section 439

Cr.P.C. in connection with FIR No.495/2022 Registered at Police

Station Vishavkarma, Jaipur (West) for the offence(s) under

Sections 420, 406, 467, 468, 471 and 120-B IPC.

[2023/RJJP/004112] (2 of 2) [CRLMB-2199/2023]

Mrs. Bhawna who has appeared on behalf of the petitioner

submits that petitioner 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, the petitioner 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 Sudheer

Kumar S/o Late Sh. Eelm Chand 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 /11

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