CRLMB / 7695 / 2021 (BHANWAR SINGH @ BHARAT SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 12/07/2021 Whether a bail application under Sec.439 CrPC would lie before the High Court against an order rejecting bail application under Sec.167(2)(a)(i) of CrPC by the learned ADJ-Held- application under Sec. 439 CrPC would not be maintainable against an order passed on an application under Sec. 167(2)(a)(i) CrPC. Revision application is maintainable against such order and directed to convert it as Criminal Revision Petition and the same be placed before appropriate bench.
CRLMP / 1910 / 2021 (KAPIL VS STATE OF RAJASTHAN) Date of Order/Judgment: 06/07/2021 Poppy straws recovered from dhani of petitioner-FIR registered and chargesheet filed-Present Petition under Sec. 482 CrPC against order by Special Judge, NDPS Act Cases, whereby application filed by petitioner under Sec. 91 CrPC for certain call details and tower location to be taken on record was rejected-Held-Hon’ble High Court directed learned court below to summon necessary call details and tower locations, in the interest of fair trial and proper opportunity to petitioner to defend his case
CRLR / 494 / 2021 (XXXXX VS XXXXX) Date of Order/Judgment: 01/07/2021 Grant of bail to a CICL-Preliminary objection by prosecutor that revision cannot be decided in absence of notice to complainant-Held-There is no legislative mandate under the JJ Act that the victim should be notified before hearing bail application of a child in conflict with law, be it before the Juvenile Justice Board, Appellate Court or before the High Court exercising the revisional powers under Section 102 of the JJ Act-Revision allowed-Petitioner ordered to be released on bail.
CRLMB / 6821 / 2021 (GAGANDEEP @ GOLDY VS STATE OF RAJASTHAN) Date of Order/Judgment: 18/06/2021 Interim bail application was preferred on the ground that petitioner’s mother is suffering from cancer and chemotherapy session is going on.
Held: On perusal of documents, court was inclined to grant bail for 2 months. High Court invoked power under Section 482 CrPC. and directed all the learned trial courts in the state to give necessary details while allowing or rejecting the interim/temporary bail application(s) of any accused person. Even the relevant parameters were also laid down.
CW / 6896 / 2021 (DEVI LAL VS STATE OF RAJASTHAN) Date of Order/Judgment: 25/05/2021 Licence of composite liquor shop granted to the respondent was challenged as the offer letter was issued to the latter even after formal order of black listing had been passed.
Held: Perusal of clause (v) of Rule 74 of the Rajasthan Excise Rules, 1956 makes it crystal clear that once a successful bidder has failed to deposit the amount within time allowed, not only his security amount would be forfeited, even he would be disentitled to hold any license.
CRLW / 1020 / 2021 (NILAM KUMAR S/O SHRI RAMJILAL VS STATE OF RAJASTHAN) Date of Order/Judgment: 22/06/2021 Directions sought to make amendments in Rule 10B(2) of Rajasthan Prisoners Release on Parole (Amendment) Rules, 2020 by including category of prisoners like petitioner who are on emergent parole to claim special parole in wake of COVID-19-Held-The case of a prisoner released on parole under Rule 9 and a prisoner released on emergent parole under Rule 10A of 1958 Rules is not on similar footing and therefore, parity cannot be claimed by petitioner on that basis under Rule 10B-Petition dismissed.
CRLMP / 4889 / 2020 (PUNEET SOLANKI S/O VIJENDER SOLANKI VS STATE OF RAJASTHAN) Date of Order/Judgment: 31/03/2021 Whether FIR registered by Police without any complaint under various sections of Rajasthan Excise Act, 1950 as well as under Section 308 IPC deserves to be quashed?-Whether such action of the Police was justified, legal and proper?-Held-In a case where there is specialized agency provided under the Excise Act, no other person can be allowed to erode or usurp such power available with the Excise Department-FIR registered by police quashed-Cost of Ten Lacs imposed-Petition allowed.
CW / 5751 / 2000 (ST. SOLDIER PUBLIC SCHOOL JAIP VS PN SOMAN) Date of Order/Judgment: 23/03/2021 School Management decided to do away with transportation system of buses in school and consequently all drivers who were working were removed and their services were dispensed with-Rajasthan Non-Government Educational Institutions Tribunal allowed the appeal by the driver and issued directions for reinstatement-Held-Management was justified in dispensing with services of respondent on account of closing down the transportation system in school-Writ Petition allowed-Order of Tribunal set aside.
CW / 12343 / 2020 (MANINI KAUSHIK D/O SHRI ANIL KAUSHIK VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 15/03/2021 Petitioners aggrieved by action of respondents in not considering their candidature for appointment under Rajasthan Out of Turn Appointment to Sports Medal Winners Rules, 2017 on ground of having won the medals in Junior Category-Held-International Shooting Sport Federation does not draw any difference between Juniors and Seniors in World Championship- Thus, the distinction for ousting the candidature of petitioners is unjustified and discriminatory per-se-Writ Petition allowed.
CW / 13634 / 2020 (THE PROJECT DIRECTOR VS M/S ELECTROSTEEL CASTING LTD.) Date of Order/Judgment: 24/02/2021 Whether Arbitrator committed any illegality in permitting: (a) quantification of amount of interest, which was not calculated at time of filing claim petition, though same was claimed with interest till realization of amount; and (b) re-determination of fees of Tribunal basis the quantification-Held-Petitioners participated in arbitral proceedings even after order permitting quantification of interest and re-determination of fees-They are estopped from challenging the same-Petition dismissed.