Dismissed

Om Prakash Son of Shri Likharam v. State of Rajasthan

Rajasthan HC5 Feb 2024CRLAS/247/2023

Case brief

AI extract

What is this about?

In a criminal appeal against a bail denial, the High Court of Rajasthan dismissed the petition. The court held that given the gravity of offences including murder and robbery, coupled with the recovery of stolen goods and identity documents from the appellant, he was not a fit case for bail.

What did the court decide?

Criminal appeal stands dismissed; bail plea rejected.

Om Prakash Son of Shri Likharam Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

¶1

[2024:RJ-JP:5820]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Appeal (Sb) No. 247/2023

¶4

Om Prakash Son Of Shri Likharam, Resident Of Dhani Boraj, Police Station Jobner, District Jaipur (Raj) (At Present Accused Appellant Confined In Central Jail Jaipur)

¶5

----Appellant

¶6

Versus

¶7

State Of Rajasthan, Through Public Prosecutor

¶8

Panchuram Son Of Ramuram, Aged About 85 Years, Resident Of Khatik Ka Mohalla, Naraina Police Station Naraina District Jaipur (Raj)

¶9

----Respondents

¶10

For Appellant(s)	: Mr. Sushil Kumar Sharma, Adv.
	Mr. Om Prakash Kharra, Adv.
For Respondent(s)	: Mr. Ganesh Saini, PP
For Complainant(s)	: Mr. Ram Prasad Sharma, Adv.

¶11

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

¶12

Order

¶13

05/02/2024

¶14

The criminal appeal under Section 14(A) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.209/2021 registered at Police Station Naraina, Jaipur (Rural) for the offences under Sections 460, 458 IPC (later on offence under Sections 458, 460, 323, 342, 302, 396, 120-B IPC and Section 3(2) (V) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 were found to have been made out).

¶15

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. He is behind the bars since 08.12.2021. The police after completion of investigation has

[2024:RJ-JP:5820]

[CRLAS-247/2023]

(2 of 3)

filed the charge-sheet. On 01.06.2022 charges have been framed against the appellant under Sections 458, 460, 323 alternatively 323/149, 342, 302 alternatively 302/149, 396, 120B, 75 IPC and Section 3 (2) (V) of SC/ST (POA) Act. Since then, statement of only 6 witnesses have been recorded by the trial court. Learned counsel for the appellant also submits that complainant had not recognized articles recovered from the appellant. Learned counsel for the appellant also submits that similarly situated co-accused Babulal, Gopiram and Subhash Kaswan have been enlarged on bail by the Co-ordinate Bench of this Court. Case of the appellant is identical to them. Conclusion of trial may take long time. So, the appellant be enlarged on bail.

¶20

Learned Public Prosecutor as well as learned counsel for the complainant have opposed the arguments advanced by learned counsel for the appellant and submitted that appellant and other co-accused had committed robbery and murdered the complainant’s wife Surta Devi. Gold, Silver articles, cash of Rs.6,40,000/-, Surta Devi’s pass book as well as voter ID card of Election Commissioner of India were recovered from the appellant. So, appeal be dismissed.

¶21

I have considered the arguments advanced by learned counsel for the appellant as well as learned Public Prosecutor and learned counsel for the complainant.

¶22

Appellant and other co-accused had committed robbery and murdered the complainant’s wife Surta Devi. During investigation, on the information of the appellant, Gold, Silver articles, cash of Rs.6,40,000/-, Surta Devi’s pass book as well as voter ID card of Election Commissioner of India were recovered from him. So,

[2024:RJ-JP:5820]

[CRLAS-247/2023]

(3 of 3)

looking to the gravity of offence, I do not consider it a fit case to enlarge the appellant on bail.

¶27

Hence, the criminal appeal stands dismissed.

¶28

(NARENDRA SINGH DHADDHA),J

¶29

Jatin /15

Om Prakash Son of Shri Likharam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Om Prakash Son of Shri Likharam 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

Case details

Similar cases

Shri Padamchand S/O Late Shri Shantilal, Vs National Insurance Co. Ltd.

Jahid S/O Aarif Khan Vs State of Rajasthan

Smt. Bhagwani Devi W/O Late Shri Nanuram Vs Dara Singh S/O Shri Sawalram

Rajiv Mehrishi Vs Bhikam Chand and Ors.

Irshad Ali @ Salim Abba S/O Late Shri Irfan Ali Vs State of Rajasthan

J D a Vs Bhikam Chand and Ors.