Rajasthan High Court - Jaipur
Jalish vs State Of Rajasthan Through Pp on 28 May, 2018
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 6001/2018
Jalish S/o Shri Salemi B/c Mev, R/o Tayra Police Station Kaman
Distt. Bharatpur. At Present In Central Jail, Bharatpur
----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
28/05/2018
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", since the advocates are abstaining from work since 21.5.2018, this Court deems it proper to pass order on merits.
(2 of 2) [CRLMB-6001/2018]
2. Petitioner has filed this bail application under Section 439 of Cr.P.C.
3. F.I.R. No.167/2017 was registered at Police Station Kaithwara, District Bharatpur for offence under Sections 376 I.P.C. and Section 3/4 of POCSO Act.
4. I have perused the record.
5. From the perusal of statement of the prosecutrix under Section 164 Cr.P.C. it is revealed that the allegation of rape is against Sakru. Petitioner is neither named in the FIR nor in statement under Section 164 Cr.P.C., hence, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is ordered that the accused-petitioner shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- (Rupees Fifty thousand only) and two sureties in the sum of Rs.25,000/- (Rupees Twenty Five thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of hearing and as and when called upon to do so.
(PANKAJ BHANDARI),J teekam/31