Omprakash Aachaliya S/O Sh. ... vs State Of Rajasthan ...
2023 Latest Caselaw 2856 Raj/2

[2023/RJJP/004110]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 1414/2023
1.       Omprakash Aachaliya S/o Sh. Shantilal Aachaliya, Aged
         About 37 Years, Resident Of Aachliya Ka Baas, Police
         Station Deshnok, District Bikaner, Presently Resident Of
         301 Balaji Residency Goras Bhandar, Murlipura, District
         Jaipur. ( Presently Accused Petitioner Is In Central Jail
         Jaipur)
2.       Arihant S/o Manak Chand, Aged About 32 Years, Resident
         Of Indra Chowk, New Line Police Station Gangashahar,
         District Bikaner ( Presently Accused Petitioner Is In
         Central Jail Jaipur)
                                                                  ----Petitioners
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Petitioner(s) : Mrs. Saroj Devi, mother of petitioner No.1, present in person Mr. Manak Chand, father of petitioner No.2, 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.01/2023 Registered at Police

[2023/RJJP/004110] (2 of 2) [CRLMB-1414/2023]

Station S.O.G., Jaipur for the offence(s) under Sections 420, 120B

IPC and Section 23 Securities Contract (Regulation) Act (later on

offence(s) under Sections 13A, 17/23 Securities Contract

(Regulation) Act and Sections 420, 120B IPC was found to have

been made out).

Mrs. Saroj Devi and Mr. Manak Chand who have appeared on

behalf of the petitioners submit that the petitioners have been

falsely implicated in this case. They are behind the bars since

long. Alleged offence is triable by a Judicial Magistrate (First

Class) and conclusion of trial may take long time. Hence, the

petitioners 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 petitioners on bail.

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

allowed and it is ordered that the accused-petitioners Omprakash

Aachaliya S/o Sh. Shantilal Aachaliya and Arihant S/o

Manak Chand be enlarged on bail provided each of them

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 they 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 /09

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