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2025 DAILYLAW 29152 (RAJ)

SMT. GUDDI W/O LATE RAMVEER v. STATE OF RAJASTHAN

CRLMB/11139/2025 · 2025-09-12

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:37141] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11139/2025 Smt. Guddi W/o Late Ramveer, Aged About 40 Years, R/o Chhendkapura, Police Station Masalpur, District Karauli (Ra- jasthan) (At Present Confined In Women Cell Bharatpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Pooja Meena, daughter of petitioner, present in person For Respondent(s) : Mr. Gaurav Gupta, Assistant GA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/09/2025 1. In “Ex-Capt. Harish Uppal versus Union of India and Anr. 2003(2) SCC 45, Hon’ble 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 tentamounts 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-Capt. Harish Uppal versus Union of India and “Krishnakant Tamrakar Versus the State of Madhya Pradesh”, since [2025:RJ-JP:37141] (2 of 3) [CRLMB-11139/2025] the advocates are abstaining from work today, this Court deems it proper to pass order on merits. 2. This bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.180/2019 registered at Police Station Masalpur, District Karauli for offences punishable under Sections 323, 341, 302 and 34 of IPC. 3. Ms. Pooja Meena, daughter of petitioner, present in person. She submits that main allegation of causing head injury is against son of the petitioner namely- Pintu @ Ajay Singh who has been convicted for the offence punishable under Section 302 of IPC. It is submitted that Pintu @ Ajay Singh has already been granted benefit of suspension of execution of sentence. Though there is allegation against the petitioner of causing injury on the eye of the deceased but no such injury was found on the eye of the deceased by the medical expert. It is further submitted that husband of the petitioner has already expired in the year 2021 and there is no one in the family to look after the family members. It is submitted that trial will take considerable time in its conclusion. It is submitted that petitioner is female and she is in custody since 23.04.2025 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by daughter of the petitioner, especially considering the material available before [2025:RJ-JP:37141] (3 of 3) [CRLMB-11139/2025] me, so also the fact that injury which has been attributed to the petitioner has not been noted by the medical expert and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner – Smt. Guddi W/o Late Ramveer shall be released on bail provided, she furnishes 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 she 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. 8. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /111