AI Structured Summary
Not yet generated for this judgment
Judgment
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 Pradeshâ€, since the advocates are abstaining from work since
21.5.2018, this Court deems it proper to pass order on merits.
Appellants have preferred these appeals aggrieved by orders dated 02.05.2018 & 22.05.2018 passed by Special Judge, SC/ST (Prevention of
Atrocities) Cases Jaipur (Raj.) whereby bail applications under Section 439 Cr.P.C. filed by the appellants were rejected.
F.I.R. No. 82/2018 was registered at Police Station Jobner, District Jaipur (Raj.) for offence under Sections 376, 313, 342, 120-B of I.P.C. and
Section 3(1)(w), 3(2) (v-a) of SC/ST (Prevention of Atrocities) Act.
I have perused the record.
From perusal of the record, it is revealed that prosecurix is a major. There is delay in lodging of F.I.R., hence, I deem it proper to allow these
appeals.
The orders dated 02.05.2018 & 22.05.2018 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases Jaipur (Raj.), is quashed and set-aside
and these appeals are accordingly allowed and it is directed that accused appellants shall be released on bail provided each of them furnish a personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with 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 that they shall appear before that Court and any court to which the matter is
transferred, on all subsequent dates of hearing and as and when called upon to do so.
A copy of this order be placed in each connected file.