Rajasthan High Court - Jaipur
Azad@Tota vs State Of Rajasthan Through Pp on 31 May, 2018
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail No. 6289/2018
Azad @ Tota S/o Sulla @ Suleman B/c Meo, R/o Village Banaini
Dhokala, Police Station Sikari Distt. Bharatpur (Raj.) (At Present
Confined At Sub Jail Deeg)
----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
31/05/2018
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 tentamounts 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-Capt. Harish Uppal and "Krishnakant Tamrakar Versus The State of Madhya Pradesh", since the advocates are abstaining from work since 21.5.2018, (2 of 2) [CRLMB-6289/2018] this Court deems it proper to pass order on merits.
2. Petitioner has filed this 2 nd bail application under Section 439 Cr.P.C.
3. F.I.R. No 71/2016 was registered at Police Station Sikri, Bharatpur for offence under Sections 332, 353 I.P.C.
4. No case for entertaining of 2nd bail application is made out, as the 1st bail was rejected on the ground that case of petitioner is akin to that of co-accused, whose bail application is rejected by Co-ordinate Bench of this Court. Hence, I am not inclined to allow the 2nd bail application.
5. This 2nd bail application is, accordingly, rejected.
(PANKAJ BHANDARI),J Seema/18