----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent For Petitioner(s) : None present For Respondent(s) : None present

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

Heard learned counsel for the petitioner and learned Public Prosecutor through Jitsi Meet Application.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary of Home Department Jaipur (Raj.)

2. The District Collector, Udaipur

3. The Superintendent, Central Jail, Udaipur

----Respondents For Petitioner(s) : Mr. Kalu Ram Bhati through Video Conferencing For Respondent(s) : Mr.Abhishek Purohit for Mr.Farzand Ali, GA cum AAG through Video Conferencing HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 08/05/2020 This application is filed by the petitioner seeking directions to the respondents for extension of period of first parole granted to him pursuant to order dated 24.4.2020 passed by this Court.

(Presently lodged at District Jail, Merta).

----Appellant Versus State of Rajasthan ----Respondent For Appellant(s) : None present For Respondent(s) : None present

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

The instant appeal has been filed under Section 14A(2) of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 10/2020, Police Station Mulasar, District Nagour for the offences under Sections 376, 384 & 379 of I.P.C. and Section 3(1) (1)(I), 3(1)(W)(II) & 3(2)(V) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 30.04.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Merta whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected. (Downloaded on 08/05/2020 at 08:28:02 PM)

----Petitioner Versus

1. State Of Rajasthan, Through Secretary Of Home Department Jaipur (Raj.)

2. The District Collector, Udaipur

3. The Superintendent, Central Jail, Udaipur

----Respondents For Petitioner(s) : Mr. Kalu Ram Bhati through Video Conferencing For Respondent(s) : Mr.Abhishek Purohit for Mr.Farzand Ali, GA cum AAG through Video Conferencing HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 08/05/2020 This application is filed by the petitioner seeking directions to the respondents for extension of period of first parole granted to him pursuant to order dated 24.4.2020 passed by this Court.

1. Gurav Chauhan @ Goru S/o Rakesh Chauhan, aged about 20 years, Resident of Ward No. 25, Suratgarh, Police Station Suratgarh, District Sri Ganganagar

2. Jitendra Singh @ Jeetu S/o Umaid Singh, aged about 22 years, Resident of Ward No. 9, Near Baba Ramdev Temple, Suratgarh, Police Station Suratgarh, District Sri Ganganagar.

(Presently lodged at District Jail, Sri Ganganagar)

----Appellants Versus State of Rajasthan

----Respondent For Appellant(s) : None present For Respondent(s) : None present HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 08/05/2020 Lawyers are abstaining from work in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

----Petitioner Versus

1. State Of Rajasthan, Through Secretary Of Home Department Jaipur (Raj.).

2. The District Collector, Jodhpur.

3. The Superintendent, Central Jail Jodhpur.

----Respondents For Petitioner(s) : Mr. Kalu Ram Bhati through Video Conferencing For Respondent(s) : Mr.Abhishek Purohit for Mr.Farzand Ali, GA cum AAG through Video Conferencing HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 08/05/2020 This application is filed by the petitioner seeking directions to the respondents for extension of period of first parole granted to him pursuant to order dated 24.4.2020 passed by this Court.

While PW1 was doing patrol duty on 3.6.1999, he got reliable information that one Rajappan (the petitioner) was CRL.R.P.NO.5/07 3 indulging in sale of arrack from his house. Thereupon, the patrol party proceeded to the petitioner's house and on searching the house found 13 bottles hidden inside the kitchen, of which 11 bottles were of 1.5 ltrs and 2 bottles of 750 ml capacity. The contents of the bottle were examined by smelling and tasting and was identified to be arrack. The petitioner, who was present in the house was arrested and the contraband seized. From among the 13 bottles, sample was drawn from one bottle of 750 ML capacity. Thereafter the sample bottle as well as the 13 bottles containing the contraband were sealed in the presence of the petitioner and two independent witnesses. The requisite formalities like, filing of occurrence report, production of accused and seized articles along with sample before the jurisdictional Magistrate were complied without delay. Further investigation of the case was conducted by PW 5, who after completion of investigation filed charge sheet against the petitioner for commission of the offence under Section 8(1) of the Abkari Act.

2. The petitioner, his elder brother Mohanan and his elder sister Sarasamma were residing in adjoining houses. Mohanan had a daughter named Arya, aged 13 years. She committed suicide on 2.2.2015 by hanging herself in a tree near W.P.(C) No.30976 of 2018 4 her house. The deceased was studying in 8 th standard at the relevant time. It was Sarasamma who first found Arya hanging in the three. The petitioner went to the spot hearing the hue and cry of Sarasamma. The matter was informed to the Police thereupon by the petitioner. In the autopsy, it was revealed that the deceased was subjected to both vaginal as also anal intercourse. The case which was registered earlier under Section 174 of the Code Of Criminal Procedure (the Code) was consequently amended as one under Sections 305 and 376 of the Indian Penal Code (the IPC) and also under Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act (the POCSO Act). In the investigation conducted thereupon, the Police came to the conclusion that it was the petitioner who has abused the deceased sexually and she committed suicide on account of the said reason. Consequently, final report was filed in the case under Sections 305 and 376 (2) (f) of the IPC and Section 3 read with Section 4 and Section 5(l) read with Section 6 of the POCSO W.P.(C) No.30976 of 2018 5 Act. Exhibit P2 is the final report in the case. The accusation in the case is that the petitioner who was residing alone in the neighbourhood of the house of the deceased has raped and committed penetrative sexual assault on the deceased on 10.1.2015 and on several occasions thereafter at her house and thereby abetted the deceased to commit suicide.

----Petitioner Versus State Of Rajasthan, through PP

----Respondent For Petitioner(s) : Mr. Asgar Khan.

For State : Mr. S.K. Mahala, PP.

HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioners have filed these bail applications under Section 439 of Cr.P.C.

3. F.I.R. No.44/2020 was registered at Police Station Khairthal, (Downloaded on 08/05/2020 at 08:47:14 PM) (2 of 2) [CRLMB-2343/2020] District Alwar, Police District Bhiwadi for offence under Sections 8/21 of NDPS Act.

For State : Mr. S.K. Mahala, PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioners have filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.307/2019 was registered at Police Station New (Downloaded on 08/05/2020 at 08:47:12 PM) (2 of 2) [CRLMB-2314/2020] Mandi, Hindauncity, District Karauli for offence under Sections 143, 323, 341, 427, 382 of I.P.C.

For State : Mr. S.K. Mahala, PP. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.242/2014 was registered at Police Station Thanagazi Alwar for offence under Sections 457, 380 of I.P.C.

4. It is contended by counsel for the petitioner that similarly situated co-accused has been enlarged on bail. Petitioner is in custody for last one and a half years. Criminal antecedents pointed out against the petitioner are prior to the year 2014.

For State : Mr. S.K. Mahala, PP. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Counsel for the complainant has not given his detail, hence, could not be connected.

3. Petitioner has filed this bail application under Section 439 of Cr.P.C.

4. F.I.R. No.343/2019 was registered at Police Station Kotwali, Jhunjhunu for offence under Sections 323, 365, 201, 302/34 of I.P.C. (FIR has been lodged for offence under Section 302 of IPC.)

5. It is contended by counsel for the petitioner that eye witnesses have turned hostile. As per the FSL report, cause of death is inconclusive. There was only a bruise on the person of the prosecutrix.

----Petitioner Versus State Of Rajasthan

----Respondent For Petitioner(s) : Mr. Sudhir Jain (through jitsi meet) Mr. Parth Sharma (through jitsi meet) Mr. Rinesh Gupta (through jitsi meet) For Respondent(s) : Mr. Tej Prakash Sharma, SPP(CBN) HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 08/05/2020 Heard learned counsels for the petitioners through Jitsi Meet.

1. Due to outbreak of Coronavirus (COVID-19), the lawyers are not appearing in the Court.

2. Heard Mr. Prakash Chand Thakuriya, learned counsel for the petitioner, through whatsapp video calling as well as learned Public Prosecutor, who is present in the Court.

3. Despite video whatsapp calling, Mr. Ishwar Lal Jain, learned counsel for the complainant has failed to respond.

4. The present second bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.61/2018 Registered at Police Station Tapukda, District Alwar (Rajasthan) for the offences under Sections 376-D & 506 of IPC.

5. Counsel for the petitioners submits that the petitioners have been falsely implicated in this matter and the petitioners are the real brothers of the husband of the prosecutrix. Counsel further submits that one month prior to lodging of the present FIR, the (Downloaded on 08/05/2020 at 08:47:06 PM) (2 of 2) [CRLMB-2033/2020] prosecutrix also lodged the FIR No.0031/2018 on 15.01.2018 at Police Station Tapukara, District Alwar, in which, the petitioners were also made accused under Sections 143, 341 & 323 of IPC, in which, charge-sheet has been filed only against the husband of the prosecutrix and not against the accused-petitioners. Counsel further submits that when the Investigating Agency submitted the negative final report against the accused-petitioners in the earlier FIR lodged by the prosecutrix, the present FIR has been lodged against the accused-petitioners. Counsel further submits that according to the FSL report dated 03.12.2019, semen could not be detected on the clothes and vaginal swab of the victim. Counsel further submits that the petitioners are in custody since February, 2018.

For State : Mr. S.K. Mahala, PP. For Complainant : Mr. Brahm Singh Gurjar. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

3. Petitioner has filed this bail application under Section 439 of Cr.P.C.

4. F.I.R. No.355/2019 was registered at Police Station Chiksana, District Bharatpur for offence under Sections 302, 436, 34, 120-B of I.P.C.

2. Petitioners has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.139/2019 was registered at Police Station Kaithwada, District Bharatpur for offence under Sections 3, 4 & 8 of Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act.

4. It is contended by counsel for the petitioners that petitioner is in custody since September, 2019. There was neither any marks on the body of the petitioner, nor any material things are (Downloaded on 08/05/2020 at 08:47:01 PM) (2 of 2) [CRLMB-1474/2020] recovered from conscious possession of the petitioners. Conclusion of trial will take time.

1. Bundu Khan S/o Shri Abdul Gani R/o Meer Colony Kekri Road Near Idhgah Malpura Thana Dist. Tonk At Present Tenant House No 24 Chmnawadi Sanjay Nagar Jhotwara Jaipur (At Present Accused Confined In Central Jail Jaipur)

2. Mohammad Kalim S/o Shri Mohammad Aladdin Khan R/o Bada Mohalla Lalsot Dist.

For State : Mr. S.K. Mahala, PP.

HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.1055/2019 was registered at Police Station Jhotwara, District Jaipur for offence under Sections 343, 366, 376 of I.P.C.

4. It is contended by counsel for the petitioner that there is an inordinate delay of lodging in FIR. As per the medical report, prosecutrix is aged 20 years. There are no marks of injury on her person and private parts.

2. Heard learned counsel for the accused petitioner through video conferencing and perused the record.

3. It has been argued on behalf of the accused petitioner that accused petitioner has falsely been implicated in this case, he is behind the bars since 30.09.2018, charge-sheet has already been filed on 05.12.2018, co-accused Kana @ Vijay has been granted bail by a coordinate bench of this court on 21.11.2019, case of present accused petitioner is not different from that of co- accused Kana. Till date evidence of only nine witnesses have been (Downloaded on 08/05/2020 at 08:46:56 PM) (2 of 2) [CRLMB-18079/2019] recorded while prosecution has listed thirty witnesses, hence completion of trial will take time. It has also been submitted that only one eye witness, PW.5, Ajay has been named in the case by the prosecution, whose statement has been recorded and his evidence is not reliable against the present accused petitioner.

----Appellant Versus State Of Rajasthan

----Respondent S.B. Criminal Appeal (Sb) No. 489/2020 Ramdayal@r.d. S/o Ramkaran

----Appellant Versus State Of Rajasthan

1. This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. seeking regular bail in connection with F.I.R. No. 663/2019 registered with Police Station Nadbai (Bharatpur), for the offence/s punishable under Section/s 377, 429 of IPC.

2. Heard learned counsel for the accused petitioner through video conferencing and perused the record.

3. It has been submitted that material prosecution witnesses in this case have turned hostile during trial, copies of statements of those witnesses have been filed and it has been contended that the main witnesses PW.1 Jadveer, PW.4 Satish and other material witnesses have turned hostile, they have not supported the prosecution version, hence the accused petitioner may be granted bail.

Mr. Gajendra Singh Rathore, Adv. for the complainant. (on Video Conferencing) HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 08/05/2020 Heard learned counsel for the appellant, learned Public Prosecutor as also learned counsel for the complainant.

This Court finds that D.B. Criminal Appeal is pending against the judgment dated 19.12.2019.

Learned counsel for the appellant submitted that the application for suspension of sentence of the appellant is required to be heard by the appropriate Bench.

Learned counsel for the complainant submitted that there is an order dated 09.04.2018 issued by the Registrar General whereby it has been directed that if an appeal is pending before the Division Bench and the accused who has awarded lesser sentence, then the appeal before the Single Bench is required to be tagged with the D.B. Criminal Appeal and the same is required to be listed before the Division Bench. (Downloaded on 08/05/2020 at 08:46:27 PM)

HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.300/2019 was registered at Police Station Murlipura, District Jaipur Metropolitan for offence under Sections 323, 341, 504, 427, 302, 34 of I.P.C.

4. It is contended by counsel for the petitioner that there is inordinate delay of seven days in lodging of FIR. Co-accused has been enlarged on bail.

5. Learned Public Prosecutor has opposed the bail application.

1. This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C., seeking regular bail in connection with F.I.R. No. 88/2019 registered at Police Station G.R.P. Sawai Madhopur for offence under Sections 8/18 and 8/29 of NDPS Act, 1985.

2. Heard learned counsel for the accused petitioner through video conferencing and perused the record.

3. It has been contended by learned counsel for the accused- petitioner that no recovery has been made from the possession of the present accused-petitioner. The alleged recovery has been made from other co-accused persons. There is no cogent evidence against the petitioner except the information of co-accused. Charge-sheet has been filed on 17.01.2020. Trial of the case will (Downloaded on 08/05/2020 at 08:46:48 PM) (2 of 2) [CRLMB-15939/2019] consume time. The petitioner is behind Bars since 31.10.2019.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 08/05/2020 This Criminal Misc. Suspension of Sentence Application has been filed by the applicant-appellant alongwith the criminal appeal.

Learned counsel for the appellant submitted that the applicant appellant was on bail during trial. Learned counsel further submitted that petitioner has been convicted under Section 363 IPC with simple imprisonment of 4 years. Learned counsel submitted that the petitioner has been acquitted on other charges levelled against him under Sections 366, 376 (2) (i) 2(n) IPC & Section 5 (L), 6 of POCSO Act. Learned counsel for the appellant (Downloaded on 08/05/2020 at 08:46:32 PM) (2 of 2) [CRLASOSA-335/2020] submitted that the appellant was arrested on 27.03.2019 and as such appellant has remained behind the bars for more than 13 months.

The present criminal appeal under Section 14(A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.98/2019 registered at Police Station Anta, District Baran.

Learned counsel for the appellants submitted that the appellants are in custody since 02.05.2019.

Learned counsel submitted that police after investigation has filed challan. Counsel further submitted that the allegation against the appellants is in respect of using fire arm but (Downloaded on 08/05/2020 at 08:46:25 PM) (2 of 2) [CRLAS-2822/2019] the medical report which has been prepared shows that the injury suffered by the injured was simple in nature and caused by the blunt weapon.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.26/2019-20 was registered at Police Station Excise Police Jhunjhunu (North) for offence under Sections 14/54, 19/54, 54-A, 14/57 of Rajasthan Excise Act.

4. It is contended by counsel for the petitioner that petitioner is driver of the vehicle. He was not aware that there is no valid permit of transportation of the liquor. Petitioner is not having any criminal antecedents of like nature.

5. Learned Public Prosecutor has opposed the bail application.

6. I have considered the contentions.

(Downloaded on 08/05/2020 at 08:46:54 PM)

(2 of 2) [CRLMB-17684/2019]

This Court further finds that on 17th April, 2020, this Court had also made efforts to contact to the lawyer but he did not respond.

Accordingly, this Court is left with no other option except to adjourn this case.

This Court also finds that if learned counsel has moved an application for listing of the bail application, he is expected to be available on either mode of communication with him.

1. This appeal takes exception to the judgment and order dated 5.11.2007 passed by the High Court of Judicature for Rajasthan at Jodhpur1 in D.B. Criminal Appeal No. 271/1982, whereby the conviction of the respondent No. 1/original accused No. 5 (Mehram S/o Mr. Chhagna Ram) under Section 302 of the Indian Penal Code2 has been converted into one under Section 326, IPC and the substantive sentence awarded therefor is reduced only to the period already undergone (about five months) by the accused No. 5. At the outset, the learned counsel for the Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2020.05.06 16:39:58 IST Reason:

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. N K Agrawal, Sr. Advocates Mr. Vikramaditya and Mr. Amnesh Kumar Sinha, Advocates For the State : Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

-------------------------------------------------------------------------------------------

Hon'ble Shri Justice Ram Prasanna Sharma CAV Judgment

1. This appeal is preferred against the judgment dated 24 th of June, 2009 passed by Sessions Judge/Special Judge (SC/ ST Act, 1989), Korea (C.G.), in Special Case No. 02/2006 wherein the said Court has convicted the appellant for charge under Sections 450 and 376(1) of Indian Penal Code, 1860 and sentenced him to undergo R.I. for 3 years with fine of Rs. 500/-, R.I. for 7 years with fine of Rs. 500/- with default stipulations.

2. In the present case, prosecutrix is (PW-1). As per version of the prosecution on 7th of May, 2005 at about 5.00 pm in the evening while the prosecutrix was alone in the house. The appellant/accused entered in the house of the prosecutrix and forcibly committed sexual intercourse with her and thereafter run away. Matter was reported, investigated the appellant was charge-sheeted and convicted as mentioned above. 2

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Eastern Railway, DRMO Howrah Division seeking information on two points, including,

a) To provide a copy of S.DPO/HWH Letter No. E/Engg/OC/Policy/Pt.IV/2nd Phase dated 31.07.2015, 07.08.2015, and,

b) To provide a copy of seniority list of Track Maintainer III and IV from 2007 to 2015.

2. The CPIO, vide reply dated 27.04.2020, provided requisite information to the appellant. The appellant filed a first appeal dated 24.04.2018 on the ground of no information furnished by the CPIO. The first appeal was not disposed of by the FAA. Thereafter, the appellant filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground of non-receipt of information and requested the Commission to direct the CPIO to provide the information sought for.

2. The facts, which led to filing of this appeal, in brief, are as under:

Admittedly, the 2nd Respondent is the HT consumer of electricity having Contract Demand of 3500 KVA with the Appellant. It entered into an agreement on 10.10.2011 with the Appellant-Discom for supply of power in terms of above Contract of Demand.

3. Apparently, consumer company made an application for energy drawl from open access through IEX and it was considered as short term open access (STOA) consumer. Admittedly, in terms of Regulation 26(vii) of the RERC (Terms and conditions for Open access) Regulations 2016 (for short "Regulations of 2016"), every short term open access consumer shall provide the injection/drawl schedule (block- wise maximum power) for inter-State transactions every day to SLDC, RDPPC and the Distribution Licensee before 10:00 am of the day 3 preceding the day of drawl/injection as per the open access capacity sanctioned.

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