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2019 DIGILAW 596 (RAJ)

Krishan Kumar@joni v. State of Rajasthan Through PP, Raj.

2019-02-19

PANKAJ BHANDARI

body2019
JUDGMENT 1. Petitioner has filed this fifth bail application under Section 439 of Cr.P.C. 2. F.I.R. No. 427/2016 was registered at Police Station Harmada, Jaipur for offence under Sections 482, 120-B of I.P.C. and Section 19/54, 54A of Excise Act. 3. 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 v. Union of India and "Krishnakant Tamrakar Versus The State of Madhya Pradesh" , since the advocates are abstaining from work, this Court deems it proper to pass order on merits. 4. The fourth bail application was rejected by this Court on 26.07.2018 with a direction to the trial Court to decide the case within six months. Petitioner has remained in custody for a period of 19 months and only six witnesses have been recorded so far. There are as many as 16 witnesses. Trial Court has again sought for extension of time for disposal of the case. 5. Considering the entire facts and circumstances of the case, I deem it proper to allow the fifth bail application. 6. This fifth 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. 7. 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. 7. However it is made clear that if the petitioner repeats the offence, State would be free to move application for cancellation of bail before the concerned Court.