KRISHAN KUMAR@JONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this fifth bail application under Sec. 439 of Cr.P.C.

(2.) F.I.R. No. 427/2016 was registered at Police Station Harmada, Jaipur for offence under Ss. 482, 120-B of I.P.C. and Sec. 19/54, 54A of Excise Act.

(3.) In "Ex-Capt. Harish Uppal versus Union of India and Anr. 2003 (2) SCC 45 , Apex 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 "Krishnakant Tamrakar Versus The State of Madhya Pradesh" decided by the Apex Court on 28/3/2018. The Apex Court has held that strike by advocates is in violation of law laid down by the Apex Court and the same tantamounts to contempt. The Apex Court has further held that the office bearers are liable to be removed from the office for passing resolution for strike. In view of the judgment of Apex Court in Ex. Captain Harish Uppal v. Union of India and "Krishnakant Tamrakar Versus The State of Madhya Pradesh", since the advocates are abstaining from work, this Court deems it proper to pass order on merits.