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1953 Supreme(Raj) 104

MODI
Surajmal – Appellant
Versus
State – Respondent


Advocates Appeared:
Shyambehari Lal, for petitioner

MODI, J.—This is a revisional application by the accused Surajmal against the order of the learned Sessions Judge, Bharatpur, dated the 13th May, 1953, upholding the conviction of the accused under sec. 323 I.P.C. The accused stands sentenced to two months rigorous imprisonment and a fine of Rs. 100/- and in default, to a further rigorous imprisonment for one month. A bail application has also been filed on behalf of Surajmal.

2. This application, relating as it does to a case arising in the Jaipur division, should have been filed before the Jaipur Bench of this Court but has instead been filed before this Court at Jodhpur. The important question for determination before me at this stage is whether this Court has jurisdiction to entertain it.

3. Learned counsel for the petitioner urges that under the arrangements made for disposal of business during the long vacation there is no Judge sitting at Jaipur at the moment and that as vacation Judge I am empowered to dispose of work both relating to the Jodhpur and Jaipur benches and as such I must entertain this application even sitting at Jodhpur as the matter is urgent and does not brook delay. Learned counsel has relied on Rule 63 of th









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