Allowed

Om Prakash Swami@Guruji S/O Mahaveer Prasad v. State of Rajasthan

Rajasthan HC27 Jul 2022CRLAS/982/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the criminal appeal against the rejection of bail. The Special Court had rejected bail for the appellant charged under the SC/ST (Prevention of Atrocities) Act and various IPC sections. The High Court set aside the impugned order and ordered the release of the appellant on bail with a personal bond and sureties.

What did the court decide?

The impugned order rejecting bail was set aside. The appellant was released on bail with a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Om Prakash Swami@Guruji S/O Mahaveer… — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 982/2022

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Om Prakash Swami @ Guruji S/o Mahaveer Prasad, Aged About 57 Years, R/o Dabari Dheer Singh P.S. Malsisar, Distt. Jhunjhunu (Presently Confined In Dist. Jail, Jhunjhunu)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Lokesh Kumar S/o Rajendra Singh, R/o Nanda Ka Bas, P.S. Hameerwas, Teh. Rajgarh, Dist. Churu

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----Respondents

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For Appellant(s) : Mr. Rhishi Raj Singh Rathore, Advocate For Respondent(s) : Mr. Riyasat Ali, Public Prosecutor

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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27/07/2022

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It is informed by learned Public Prosecutor that he has already informed the complainant. Despite service, no one has put in appearance on behalf of the complainant.

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The instant appeal has been filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.163/2021, registered at Police Station Bagad, Jhunjhunu for the offences under Sections 147, 148, 149, 341, 323, 307, 302, 427 & 120-B of IPC and Sections 3(1)(R) & 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 21.05.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu,

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(2 of 3)

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[CRLAS-982/2022]

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whereby, the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

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Learned counsel for the appellant submits that first appeal of the appellant was dismissed as withdrawn by this Court vide order dated 22.02.2022. Learned counsel further submits that the appellant is behind the bars since 06.07.2021 and the charges have been framed against him on 20.07.2022 for offences punishable under Sections 147, 148, 341, 323, 307/120-B, 302/120-B & 427/149 of IPC and Sections 3(1)(R) & 3(2)(V) of the SC/CT (Prevention of Atrocities) Act, 1989. Learned counsel further submits that the co-accused Nitesh Kumar, Manoj Kumar and Suresh Kumar have already enlarged on bail by the coordinate Bench of this Court vide order dated 19.07.2022 and other co-accused Naveen & Pradeep Kumar have also been enlarged on bail by the co-ordinate Bench of this Court vide order dated 17.05.2022. As per rejection bail order, the appellant has criminal antecedents of four cases and he is on bail in all cases. Hence, appeal of the accused-appellant may be granted.

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Learned Public Prosecutor has strongly opposed the appeal.

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Heard learned counsel for the appellant and perused the material available on record.

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Considering the submissions made by learned counsel for the appellant and the facts and circumstances of the case; but without expressing any opinion on the merits/demerits of the case, this Court is of opinion that the appellant deserves to be enlarged on bail.

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(3 of 3) [CRLAS-982/2022]

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Consequently, the instant appeal is allowed. The impugned order dated 21.05.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu (Raj.) is set aside. It is ordered that the accused-appellant Om Prakash Swami @ Guruji S/o Mahaveer Prasad arrested in connection with F.I.R. No.163/2021 registered at Police Station Bagad, Jhunjhunu shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- 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.

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(CHANDRA KUMAR SONGARA),J

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Ashish Kumar /27

Om Prakash Swami@Guruji S/O Mahaveer Prasad v. State of Rajasthan

Case brief

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What did the court decide?

Om Prakash Swami@Guruji S/O Mahaveer Prasad v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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