HARJINDER SINGH S/O KULWANT SINGH v. STATE OF RAJASTHAN
CRLMB/15870/2025 · 2026-01-05
Anil Kumar Upman
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20326 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20326 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:26] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15870/2025
1. Harjinder Singh S/o Kulwant Singh, Aged About 38 Years, R/o Mahabhadar, Police Station Lakhewali, District Muktsar (Punjab). 2. Jasveer Singh S/o Bhag Singh, Aged About 50 Years, R/o Khunde Halal, Police Station Lakhewali, District Muktsar (Punjab) (At Present Confined In Central Jail Kota, District Kota) ----Accused-Petitioners Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Kulwant Singh, father of the petitioner, Present in Person. For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/01/2026
1. In “Ex-Capt. Harish Uppal versus Union of India and Anr.” reported in 2003 (2) SCC 45, Hon’ble Supreme 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 the case of “Krishnakant Tamrakar versus the State of Madhya Pradesh” reported in (2018) 17 SCC 27, it has been held that strike by advocates is in violation of law laid down by the Hon’ble Supreme Court and the same tantamounts to contempt. The Hon’ble Supreme Court has further held that the office bearers are liable to be removed from the office for passing resolution for
[2026:RJ-JP:26] (2 of 4) [CRLMB-15870/2025] strike. In view of the judgments passed by Hon’ble Supreme Court in Ex-Capt. Harish Uppal (Supra) and Krishnakant Tamrakar (Supra), since the advocates are abstaining from work today, this Court deems it proper to pass order on merits. 2. This bail application under Section 483 of BNSS has been filed on behalf of the petitioners, who have been arrested in connection with FIR No.184/2025 registered at Police Station R.K. Puram, District Kota City for the offences punishable under Sections 8/15 of NDPS Act. After completion of investigation, police filed charge-sheet in this matter. 3. Mr. Kulwant Singh, pairokar of the petitioners, present in person. He submits that petitioners have falsely been implicated in this case. He further submits that alleged recovered contraband is below commercial quantity. He argues that trial will take considerable time in its conclusion. He contends that petitioners are in custody since 17.09.2025 and further custody of the petitioners would not serve any fruitful purpose. 4.
Learned Public Prosecutor opposes the submissions made by pairokar of the petitioners and submits that petitioners are habitual offender as one other case has been registered against them. 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 pairokar of the petitioners, especially the fact that alleged recovered contraband is below commercial quantity; petitioners are in custody since 17.09.2025; charge-sheet has been filed and trial
[2026:RJ-JP:26] (3 of 4) [CRLMB-15870/2025] will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioners- 1. Harjinder Singh S/o Kulwant Singh and 2. Jasveer Singh S/o Bhag Singh shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakh only) together with two sureties in the sum of Rs.2,50,000/- (Rupees Two Lakh and Fifty 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. 8. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till conclusion of the trial. 9. Concerned SHO shall enter attendance of the petitioners in the Roznamcha. In case the petitioners fail to mark their presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10.
If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court. 11. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. [2026:RJ-JP:26] (4 of 4) [CRLMB-15870/2025]
12. 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 MADAN/147