Rajasthan High Court - Jaipur
Suresh Kumar vs State Of Rajasthan Through Pp on 30 May, 2018
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 6070/2018
Suresh Kumar S/o Chand Singh B/c Jat, R/o Village Barhana,
Tehsil Bairy Police Station Bairy Distt. Jhajhar (Haryana) (At
Present In Distt. Jail, Dausa)
----Petitioner
Versus
State Of Rajasthan Through P.p.
----Respondent
For Petitioner(s) : None present
For Respondent(s) : None present
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
30/05/2018
1. In "Ex-Capt. Harish Uppal versus Union of India and Anr. 2003 (2) SCC 45, Apex Court has held that lawyers have no right to go on strike or to give a call for boycott of Courts. Calls given by Bar Association or Bar Council for such purpose cannot require the Court to adjourn the matters. In "Krishnakant Tamrakar Versus The State of Madhya Pradesh" decided by the Apex Court on 28.3.2018. The Apex Court has held that strike by advocates is in violation of law laid down by the Apex Court and the same tantamounts to contempt. The Apex Court has further held that the office bearers are liable to be removed from the office for passing resolution for strike. In view of the judgment of Apex Court in Ex.Captain Harish Uppal Vs. Union of India and "Krishnakant Tamrakar Versus The State of Madhya Pradesh", (2 of 2) [CRLMB-6070/2018] since the advocates are abstaining from work since 21.5.2018, this Court deems it proper to pass order on merits.
2. Petitioner has filed this bail application under Section 439 of Cr.P.C.
3. F.I.R. No.259/2017 was registered at Police Station Kotwali, Dausa District for offence under Sections 420 and 406 I.P.C. and Section 66-C and 66-D of Information and Technology Act, 2000.
4. No case for grant of bail to the petitioner is made out as from the shop of petitioner 24 ATM Cards, 5 hidden cameras, 3 batteries, 3 skimmer Glider machine and 9 Sim have been recovered. Petitioner made cloned ATM cards, installed spy camer in the ATM Machines and withdrew money, hence, I am not inclined to grant bail.
5. The bail application is rejected.
(PANKAJ BHANDARI),J Teekam/17