OMPRAKASH SHARMA S/O LATE SHRI RADHEYSHYAM SHARMA v. STATE OF RAJASTHAN
CRLMB/4197/2025 · 2025-05-28
Maneesh Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12944 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12944 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:22508] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4197/2025
1. Omprakash Sharma S/o Late Shri Radheyshyam Sharma, Aged About 68 Years, R/o D-29 Dwarikapuri, Sanjay Colony, Nehru Nagar, Shastri Nagar, Jaipur. Presently Confined In Central Jail, Jaipur.
2. Pawan Kumar Sharma S/o Late Shri Radheyshyam Sharma, Aged About 70 Years, R/o D-25 Dwarikapuri, Sanjay Colony, Nehru Nagar, Shastri Nagar, Jaipur. Presently Confined In Central Jail, Jaipur.
3. Smt. Santosh Sharma W/o Shri Pawan Kumar Sharma, Aged About 66 Years, R/o D-25 Dwarikapuri, Sanjay Colony, Nehru Nagar, Shastri Nagar, Jaipur. Presently Confined In Central Jail, Jaipur. ----Petitioners Versus State Of Rajasthan, Through PP. ----Respondent For Petitioner(s) : Mr. J. R. Choudhary on behalf of Mr. M. I. Abbasi For Respondent(s) : Mr. Vivek Sharma, Addl.GA. Ms. Himanshi Meena on behalf of Mr. Shubhanshu Chawla HON'BLE MR. JUSTICE MANEESH SHARMA
Order 28/05/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.101/2024 registered at Police Station Shastri Nagar, Jaipur City (North), for the offence punishable under Sections 420, 406, 467, 468 and 471 of BNS.
2.
Learned counsel for the petitioners submit that the petitioners have falsely been implicated in this case and they are
[2025:RJ-JP:22508] (2 of 3) [CRLMB-4197/2025] behind the bars since 16.03.2025. He further submits that there is a dispute regarding execution of last will dated 14.03.2022 made by Late Sh. Radhy Shyam ji. He further submits that charge-sheet has been filed against the petitioners and all the alleged offences are triable by a Judicial Magistrate. He further submits that the trial will take considerable time; therefore, further custody of the petitioners would not serve any fruitful purpose. Therefore, the petitioners may be enlarged on bail.
3. Per contra, learned Additional Government Advocate as well as Ms. Himanshi Meena, proxy counsel for the complainant have opposed the submissions made by the learned counsel for the petitioners.
4. Heard and considered the contentions made by the learned counsel for the parties and perused the material available on record.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by the learned counsel for the petitioners, and also the fact that the dispute was with regard to execution of Will dated 14.03.2022 made by Late Sh. Radhy Shyam ji, since the petitioners and the complainant are real brothers/relatives and the alleged offences are triable by the Judicial Magistrate; chargesheet has already been filed against the petitioners; petitioners are behind the bars since 16.03.2025, but without commenting any opinion on the merits/demerits of the case, I deem it fit and proper to allow this bail application.
6. The bail application is accordingly allowed and it is directed that accused-petitioners Omprakash Sharma S/o Late Shri
[2025:RJ-JP:22508] (3 of 3) [CRLMB-4197/2025] Radheyshyam Sharma, Pawan Kumar Sharma S/o Late Shri Radheyshyam Sharma and Smt. Santosh Sharma W/o Shri Pawan Kumar Sharma shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(MANEESH SHARMA),J Seema/105