Allowed

Om Prakash @ Oma Ram v. State

Rajasthan HC19 Apr 2018CRLAS/481/2018

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal against the rejection of a bail application under Section 439 Cr.P.C. in a case involving offences under the SC/ST (Prevention of Atrocities) Act. The court set aside the impugned order and granted bail subject to furnishing personal and surety bonds.

What did the court decide?

Impugned order set aside; accused released on bail upon furnishing a personal bond of Rs. 80,000 and two surety bonds of Rs. 40,000 each.

Om Prakash @ Oma Ram Vs State — Caste Atrocities | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Appeal No. 481 / 2018

¶3

Om Prakash @ Oma Ram S/o Shri Bhanwar Lal, Aged About 28 Years, B/c Jat, R/o Bandhwali Sarano Ki Dhani, Salodi, Police Station Rajeev Gandhi Nagar, Jodhpur. (Presently Lodged in Central Jail Jodhpur)

¶4

----Petitioner

¶5

Versus

¶6

State of Rajasthan Through Public Prosecutor.

¶7

----Respondent

¶8

For Petitioner(s) : Mr. MR Choudhary

¶9

For Respondent(s) : Mr. Pankaj Awasthi, PP

¶10

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

¶11

Order

¶12

19/04/2018

¶13

Heard the learned counsel for the appellant and the learned Public Prosecutor. Perused the material available on record.

¶14

The instant appeal has been filed under Section 14A (2) of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.2/2018, Police Station Soorsagar, Jodhpur for the offences under Sections 323, 342, 336, 325, 338, 307 IPC and Section 3(1)(h) & 3(2)(va) of SC/ST (Prevention of Atrocity) Act against the order dated 10.04.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. Earlier the appellant also filed the criminal appeal which was dismissed as not pressed by this Court on 22.03.2018 and liberty was granted to file fresh

¶15

(2 of 2)

¶16

[CRLAS-481/2018]

¶17

criminal appeal after filing of the challan.

¶18

Counsel for the appellants submits that after rejection of earlier criminal appeal, challan of the case has been filed. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.

¶19

Learned Public Prosecutor has opposed the prayer for bail.

¶20

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

¶21

Consequently, the instant appeal is allowed. The impugned order dated 10.04.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur is set aside. It is ordered that the accused-appellant Om Prakash @ Oma Ram S/o Shri Bhanwar Lal arrested in connection with FIR No.2/2018, Police Station Soorsagar, Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.80,000/- and two surety bonds of Rs.40,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that court on all dates of hearing and as and when called upon to do so.

¶22

(MANOJ KUMAR GARG)J.

¶23

Ms/-148

Om Prakash @ Oma Ram v. State

Case brief

What is this about?

What did the court decide?

Om Prakash @ Oma Ram v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt Gulabi Vs State

Surjeet Singh @ Shivraj Singh @ Raju Vs State

Bheri Bai and Anr. Vs State

Manish and Ors. Vs State

Sahdev Ram Vs State

Harshit and Anr. Vs State