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2025 DAILYLAW 7278 (RAJ)

KHEMCHAND @ KHEMARAM S/O CHHITARMAL v. STATE OF RAJASTHAN

CRLMA/84/2025 · 2025-03-03

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:9266] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Application No. 84/2025 IN S.B. Criminal Misc. 3rd Bail Application No.491/2025 Khemchand @ Khemaram S/o Chhitarmal, Aged About 19 Years, R/o Swami Ki Dhani (Shyam Nagar), P.S. Mohanpur, District Jaipur (Raj.) (Presently Confined In District Jail, Alwar, Dist. Alwar). ----Petitioner Versus State of Rajasthan through PP ----Respondent For Petitioner(s) : Ms. Preeti Sharma For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 03/03/2025 Present application is filed under Section 528 of BNSS with a prayer seeking recall of order dated 24.01.2025, whereby, the third bail application is dismissed by this Court. Learned counsel for the applicant has submitted that under the inherent power of the Court, the said order can be recalled. Per contra, learned Public Prosecutor has submitted that recall of the order under criminal law is not maintainable, specifically under inherent powers. It is further submitted that the applicant can approach a higher forum on account of change in circumstances. Considering the foregoing facts and circumstances of the case, this Court deems it apposite to impose of cost of Rs. [2025:RJ-JP:9266] (2 of 2) [CRLMA-84/2025] 25,000/- upon the applicant for abusing the process of law and the same is to be deposited with the State Government. State is at liberty to recover the said amount from the applicant by appropriate recovery means. (SAMEER JAIN),J JKP/332