Dismissed

Ramlal Son of Shri Jairam v. State of Rajasthan

Rajasthan HC30 May 2023CRLAS/176/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan considered a bail application under Section 14-A of the SC/ST (Preventive of Atrocities) Act, 1989 filed by an appellant charged with murder and other offences. Rejecting the appeal, the Court emphasized the gravity of the offence, the recovery of weapons from the appellant, and the advanced stage of the trial.

What did the court decide?

Appeal dismissed; bail not granted to the accused-appellant.

Ramlal Son of Shri Jairam Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023/RJJP/012426]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 176/2023

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Ramlal Son Of Shri Jairam, Resident Of Village Khandach Police Station Bander Sindri District Ajmer At Present In Central Jail Ajmer

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----Appellant

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Versus

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State Of Rajasthan, Through The Pp

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Shri Omprakash Son Of Shri Mithulal Regar, Resident Of Chhota Narena Rupangarh, Ajmer

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----Respondents

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For Appellant(s) : Mr. Kamlesh Roj with Mr. Saurabh Poonia, For Respondent(s) : Mr. S. S. Mehla,PP.

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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DATE OF RESERVED :: 29/05/2023 DATE OF PRONOUNCEMENT :: 30/05/2023

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This criminal appeal has been filed on behalf of the accusedappellant under Section 14-A of the SC/ST (Prevention of Atrocities) Act, 1989 against the order dated 11.01.2023 passed by learned Special Judge, SC/ST (POA) Cases, Ajmer for the offence(s) under Sections 302, 380, 449, 450 and 457 read with Sections 3(2)(V) of SC/ST Act in Sessions Case No.186/2017 titled as “Ramlal vs State” arising out of FIR No.65/2017. 2. Learned counsel for the accused-appellant submitted that the accused-appellant has been falsely implicated in the matter. It is submitted that since the last bail of the accused-appellant was rejected vide order dated 02.04.2019 in S.B. Criminal Appeal No. 528/2019, statements of Fateh Singh (PW-12), who is the

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Malkhana Incharge, were recorded on 07.08.2019. It is further submitted that the said statements contradicts the statements of the IO and casts a doubt on the entire alleged recovery. Learned counsel for the accused-appellant further submits that the accused-appellant is a young man aged about 25 years, who has been behind bars since the last six years, and the conclusion of the trial is nowhere in sight and therefore prays that the accusedappellant be enlarged on bail as further incarceration in the matter is not necessary.

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Per contra , learned Public Prosecutor has vehemently opposed the appeal. It is submitted that the mobile and motorcycle of the deceased were recovered from the possession of the accused-appellant based on the disclosure statement made by the accused-appellant. It is further submitted that the trial is at fag end of completion as prosecution evidence is complete.

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Heard and considered.

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It is noted that the present appeal is a third bail applications. The earlier appeals were dismissed and bail was rejected by Co-ordinate Bench of this Court vide order dated 09.11.2017 in S.B Criminal Appeal No. 1701/2017 and vide order dated 02.04.2019 in S.B Criminal Appeal No. 528/2019, considering the gravity of the offence and the recovery made from the accused-appellant.

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Considering the arguments advanced by both the sides, considering the gravity of the offence, considering that recovery of weapon (iron rod, wooden stick), allegedly used in the commission of the offence, was also effected from the accused-appellant; that statement of PW-12 are not enough to subdue the recovery

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effected from accused-appellant; that trial is also on the verge of completion, and looking to the overall material on record but without commenting upon merit/demerits of the case, this Court is not inclined to allow the present appeal.

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Accordingly, the present appeal is dismissed.

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(SAMEER JAIN),J

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SA/39

Ramlal Son of Shri Jairam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramlal Son of Shri Jairam v. State of Rajasthan

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

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