Honble High Court of Rajasthan allowed bail applications filed by two accused persons challenged non-cooperation of counsel. Court held it just and proper to enlarge them on bail on personal bond with sureties.
Petitioners ordered to be released on bail on furnishing personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1013/2023
Manish Son Of Charan Singh, Aged About 18 Years, R/o Krishna Colony, Dairy Desula, Police Station Udyog Nagar, Alwar ( At Present Confined In Central Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 1878/2023 Bhag Chand Son Of Shri Puranram, Aged About 42 Years, Resident Of Village Ronpur, Tehsil Barodamev, District Alwar (Raj.) ( At Present Petitioner Is Confined In Central Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Charan Singh, father of petitionerManish present in person For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
20/03/2023
Learned lawyers are not attending/co-operating with the Court in judicial proceedings since last about four weeks, though they have no grievance against the Court administration.
Hon’ble Apex Court in the case of Harish Uppal Vs. Union of India & Anr. reported in (2003) 2SCC 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.
(2 of 2) [CRLMB-1013/2023]
These bail applications have been filed under Section 439 Cr.P.C. in connection with FIR No.682/2022 registered at Police Station Udyog Nagar, District Alwar for the offence(s) under Sections 366, 376D and 506 IPC.
Mr. Charan Singh who is father of the petitioner-Manish has appeared in person and submits that petitioners have been falsely implicated in this case. They are behind the bars since long. After completion of investigation, charge sheet has been filed against the petitioners. Conclusion of trial is likely to take long time, hence the petitioners may be enlarged on bail.
Learned Public Prosecutor has opposed the bail applications.
Considering the submissions and taking into account the facts and circumstances of the case, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.
Therefore, these bail applications are allowed and accused petitioners (1) Manish Son Of Charan Singh and (2) Bhag Chand Son Of Shri Puranram are ordered to be released 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 trial court with the stipulation that the petitioner(s) shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.
Registry is directed to place a copy of this order in connected file.
(NARENDRA SINGH DHADDHA),J
Brijesh 23-24.
1 issue framed by the court
Whether the petitioners bound by non-appearance in bail proceedings can be enlarged on bail?
Colour shows how this judgement treated each authority
Harish Uppal Vs. Union of India & Anr.Explained¶19
(2003) 2 SCC 45 · Who else cites this
1 provisions across 1 enactments
Manish Son Of Charan Singh
Bhag Chand Son Of Shri Puranram
State Of Rajasthan
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
