Supreme Court - Daily Orders
Prakash @ Omprakash vs The State Of Rajasthan on 17 February, 2023
Bench: M.R. Shah, C.T. Ravikumar
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 495 OF 2023
(Arising out of SLP (Crl.) No. 584 of 2023)
PRAKASH @ OMPRAKASH Appellant(s)
VERSUS
THE STATE OF RAJASTHAN Respondent(s)
O R D E R
Leave granted.
Having heard learned counsel appearing for the appellant and learned counsel appearing for the respondent-State and without expressing anything on the age of the prosecutrix, as the same is highly disputed, which is required to be considered at the time of trial, in the peculiar facts and circumstances of the case, we deem it appropriate to release the appellant on bail.
We are not assigning any further reasoned orders as the same may affect the trial. Suffice it to say that we are of the opinion that a case is made out to release the appellant on bail.
In view of the above and for the reasons stated above, the present Appeal is allowed. The impugned judgment and order passed by the High Court is set aside and the appellant is ordered to be released on bail in connection with FIR No. 161/2021 dated 22.08.2021 registered at P.S. Balara Dist. Sikar on the terms and conditions which may be imposed by the learned trial Court, Signature Not Verified including the condition that the appellant shall not tamper with Digitally signed by R Natarajan Date: 2023.02.17 16:58:22 IST Reason: the evidence and/or witnesses and shall cooperate the learned trial Court in early disposal of the trial. If it is found that the 2 appellant has indulged into tampering with the evidence or the witnesses and/or is not cooperating in the trial, it will be open for the prosecution to move an appropriate application for cancellation of the bail before the concerned trial Court, which may be considered in accordance with law and on its own merits.
With this, the present Appeal is allowed.
.......................... J.
(M.R. SHAH) .......................... J.
(C.T. RAVIKUMAR) New Delhi;
February 17, 2023.
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ITEM NO.4 COURT NO.4 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Special Leave Petition (Criminal) No. 584/2023 PRAKASH @ OMPRAKASH Petitioner(s) VERSUS THE STATE OF RAJASTHAN Respondent(s) ( IA No.205771/2022-CONDONATION OF DELAY IN FILING and IA No.205770/2022- EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.205772/2022- EXEMPTION FROM FILING O.T. ) Date : 17-02-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mr. Aditya Singh, AOR Mr. Shubham Singh, Adv.
Mr. Pankaj Yadav, Adv.
Mr. Arun Rathi, Adv.
Mr. Aniruddha Purushotham, Adv.
For Respondent(s) Ms. Ritika Jhurani, Adv.
Mr. Nishanth Patil, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The present Appeal is allowed. The impugned judgment and order passed by the High Court is set aside and the appellant is ordered to be released on bail in connection with FIR No. 161/2021 dated 22.08.2021 registered at P.S. Balara Dist. Sikar on the terms and conditions which may be imposed by the learned trial Court in terms of the signed order.
Pending applications stand disposed of.
(R. NATARAJAN) (NAND KISHOR)
ASTT. REGISTRAR-cum-PS COURT MASTER
(Signed order is placed on the file)