HC Rajasthan allowed bail to petitioner, mother-in-law of deceased in IPC 304-B case, relying on co-ordinate bench's bail and family context without expressing opinion on merits.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER
S.B. CRIMINAL MISC. BAIL APPLICATION NO. 11080/2016
Sare Kanwar Wlo Shankar Singh, Blc Rajput, Wo Dhamandakhurd P.S:.Dug Dist. Jhalawar (Rajasthan)
(.A? present confined in District Jail Jhalawar)
vs .
State of Rajasthan through P.P.
Date of order :
19.10.2016
HON'BLE MRS. TUSTICE SABINA
Mr. Ajay Singh, for the petitioner. Mr. V.S. Godara. PP for the State
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 2712012 registered at Police Station, Dug, Distt. Jhalawar, for offence under Section 304- B of Indian Penal Code, 1860.
Heard.
Petitioner is the mother-in-law of the deceased. Husband and father-in-law of the deceased have been granted bail by Co-ordinate Bench of this Court. Petitioner is in custody since 17.07.2016. Challan has already been presented in the Court and conclusion of trial may take time.
Accordingly, without expressing any opinion on merits of the case, this petition is allowed. Petitioner be admitted to bail subject to satisfaction of the Trial Court.
3 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 CrPC.
Whether the spelling error 'cheque-dishonour' is appropriate given IPC 304-B offence.
Whether an expression of opinion on merits is required before allowing bail.
1 provisions across 1 enactments
Sare Kanwar Wlo Shankar Singh
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
