Quashed

Ramsingh Yadav S/O Shri Deburam Yadav v. State of Rajasthan

Rajasthan HC2 Dec 2021CRLMA/255/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan recalled an order dismissing a bail application under Section 482 CrPC because the accused was not afforded a hearing due to connectivity issues. The Court relied on a Full Bench judgment to ensure procedural fairness before listing the application on merits.

What did the court decide?

The order dated 23.10.2020 dismissing the bail application is recalled; the bail application is listed for hearing on merits.

Ramsingh Yadav S/O Shri Deburam Yadav Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Application No. 255/2020

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S.B. Cr. Misc. Bail Application No. 4875/2020

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Ramsingh Yadav S/o Shri Deburam Yadav, R/o Hanumagar Ki Dhani, Village Diwrala Distt. Sikar Raj. (At Present Confined In Central Jail Jaipur)

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----Accused Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Anil Upman, Advocate For Respondent(s) : Mr. Sher Singh Mahla, PP

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HON'BLE MR. JUSTICE PRAKASH GUPTA Order

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Date of Order :: 2/12/2021

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Matter comes up on an application under Section 482 CrPC for recalling the order dated 23.10.2020 passed by this Court in S.B. Cr. Misc. Bail Application No. 4875/2020.

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Learned counsel for the petitioner submits that the aforesaid bail application was listed before the Court on 23.10.2020 and when the case was called out for hearing, no one had appeared on behalf of the petitioner due to poor connectivity and therefore immediately message was sent by the counsel for the petitioner to the Court Master through Whataspp on the number provided in the cause list. Subsequently, it came to the notice of the counsel for the petitioner that not only the bail application filed by the petitioner was dismissed, but presence on behalf of the petitioner was also wrongly recorded, whereas the

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(2 of 2)

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[CRLMA-255/2020]

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counsel could not be connected through Video Conferencing due to poor connectivity. Thus, on the basis of arguments advanced by counsel for the co-accused in connected bail application, the impugned order has been passed in the bail application of the accused petitioner without affording an opportunity of hearing to him. Therefore, the order dated 23.10.2020 qua petitioner be recalled and the bail application be listed for hearing on merits. In support of his contentions, he has placed reliance on the Full Bench Judgment of this Court in the case of Habu Versus The State of Rajasthan reported in RLW 1987 page 69 .

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Learned PP does not oppose the same. Heard. Considered.

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In the case of Habu (supra), the Full Bench of this Court has held that powers under Section 482 CrPC can be and should be exercised by Court for recalling the judgment in case the hearing is not given to the accused.

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From a perusal of the order dated 23.10.2020 passed by this Court it transpires that in the said order presence of counsel for the petitioner was not recorded and an opportunity of hearing was not afforded to the counsel for the petitioner.

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For the aforesaid reasons and in the light of the judgment passed by the Full Bench of this Court in the case of Habu (supra), the order dated 23.10.2020 passed by this Court, qua petitioner Ram Singh Yadav, is recalled.

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Registry is directed to list the bail application of the petitioner Ram Singh Yadav for orders as per roster.

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(PRAKASH GUPTA),J

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DILIP KHANDELWAL /14

Ramsingh Yadav S/O Shri Deburam Yadav v. State of Rajasthan

Case brief

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Ramsingh Yadav S/O Shri Deburam Yadav v. State of Rajasthan

Case brief

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What did the court decide?

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