Prakash vs State
2021 Latest Caselaw 7413 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Appeal No. 548/2020

Ashok Kumar S/o Teja Ram, Aged About 30 Years, Ward No. 23,

Bidasar, Tehsil Sujangarh, District Churu. (In Judicial Custody At

District Jail Churu).

----Appellant Versus

State, Through P.p.

----Respondent

Connected With

S.B. Criminal Appeal (Sb) No. 549/2020

Prakash S/o Bhanwar Lal, Aged About 24 Years, Ward No. 20,

Dadiba, Tehsil Sujangarh, District Churu. (In Judicial Custody At

District Jail Churu).

----Appellant Versus

State, Through P.p.

----Respondent

For Appellant(s) : Mr. J.S. Choudhary, Sr. Advocate assisted by Mr. Pradeep Choudhary

For Respondent(s) : Mr. Vikram Sharma, PP

Mr. Manish Dadhich for complainant

(2 of 3) [CRLAS-548/2020]

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

16/03/2021

Heard learned counsel for the parties and perused

the material available on record.

Learned counsel for the appellants has submitted

that the appellants have falsely been implicated in this

case. It is argued that the allegation of inflicting fatal

injury by knife is against co-accused Kana Ram. It is also

submitted that allegation of holding the hands of

deceased - Kalu Ram, levelled against the appellants, is

absolutely false. It is also submitted that the prosecution

did not collect any evidence to suggest that the

appellants were having any enmity with the deceased or

the complainant. It is further submitted that from the

narration of the incident by the complainant and other

witnesses, it is clear that it was the complainant and the

deceased, who chased the appellants and, thereafter, the

incident took place. Learned counsel for the appellants

has also submitted that what transpired at the place of

incident has not been verified by the complainant. It is

submitted that the appellants are in judicial custody since

long, therefore, they may be enlarged on bail.

Per contra, learned Public Prosecutor as well as

learned counsel for the complainant have vehemently

opposed the appeals and argued that complainant - Tara

Chand, in his court statements, has specifically alleged

that the appellants caught hold of the deceased and then

co-accused Kana Ram has inflicted the fatal injury. It is

(3 of 3) [CRLAS-548/2020]

also submitted that from the evidence available on

record, role of the appellants in commission of crime is

very well proved.

Having regard to the overall facts and circumstance

of the case, without expressing any opinion on the merits

of the case, I am not inclined to enlarge the appellants on

bail.

Hence, these criminal appeals are dismissed.

However, it is expected that the trial court shall

expedite the trial.

(VIJAY BISHNOI),J

145 - 146 ms rathore

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