RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Admit, Learned Public Prosecutor Shri D.S. Rathore accepts notice.

(2.) It is unfortunate that in a most cursory manner the learned Judge has dismissed the application filed by the present appellant-accused under Section 446. (3), Cr. P.C. He was sick, there fore, on the date of hearing he could not remain present. Next day, he did appear before the Court. The learned Judge rejected the application for adjournment made on the ground of sickness, on the ground that there was no evidence regarding the same and passed an order of forfeiting the bonds furnished by him. This is not the way of disposal of cases.

(3.) I am at pains to, state that some of the cases have come before this Court arising out of the orders passed by the learned Judge, who is mostly disposing of the cases either on the technical ground like delay, etc. or in such fashion. He is a fairly senior Sessions Judge of the State. It is expected from all that substantial justice should be done by the Court and the matters should not be disposed of for the sake of disposal.