Satish S/O Shri Aarami vs State Of Rajasthan ...
2023 Latest Caselaw 2854 Raj/2

[2023/RJJP/004111]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

    S.B. Criminal Miscellaneous Bail Application No. 1915/2023

Satish S/o Shri Aarami, Aged About 29 Years, R/o Village Nagla
Jatmasi, Police Station Rupwas, District Bharatpur ( At Present
Confined In Sub Jail Bayana District Bharatpur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent

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

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.558/2022 Registered at Police

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

[2023/RJJP/004111] (2 of 2) [CRLMB-1915/2023]

Sections 143, 323 and 341 IPC (later on offence under Sections

323, 341, 325 and 307 IPC was found to have been made out).

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.

Similarly situated co-accused Dinesh has already been enlarged on

bail by the Co-ordinate Bench of this Court vide order dated

02.02.2023 in S.B. Criminal Misc. Bail Application No.1483/2023

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 Satish S/o

Shri Aarami 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 /10

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