K N SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) We are glad that an Advocate of this Court, Shri K.N. Sharma, who not only according to his own assertion is committed to the concept of speedy dispensation of justice and providing legal assistance in numerous cases, but, further by way of this public interest writ petition has provided an exemplary illustration of his real anxiety for the real consumer of justice i.e. litigants, who are facing serious problems on account of non-availability of jurisdiction to hear bail applications by additional Session Judge.

(2.) Shri Sharma in this writ petition has pointed out that on account of a Judgment of this Court in Rajesh Chowdhry v. State of Rajasthan1, in, which it pas been held that Additional Sessions Judge has got no power under Section 439, Cr. P.C., 1973 for considering bail application thousands of litigants who could have normally obtained decision on the prayer of bail at the place in which the Court of Additional Sessions Judge is located or situated, are now required to bear heavy expenses and further devote lot of time with cumbersome expensive procedure in engaging counsel at two places, one of Additional Sessions Judges Court and other Sessions Judges Court which are located at fat distant places in view of the geographical areas lying in Rajasthan, are facing serious difficulties getting Justice.

(3.) We have been taken through the entire judgment in Rajesh Chowdhry's case and further with the assistance of Shri Dhankhar, counsel for Shri K.N. Sharma and Mr. M.I. Khan, AddI. Advocate General, we have perused and studied the various provisions of the Criminal Procedure Code and the Constitution of India. At present, we refer to Rajesh Chowdhary's case and others which were referred to us and cited before us.