Bail application under Section 439 Cr.P.C. by the accused-wife charged with murder of her husband with co-accused. Court found sufficient evidence of involvement and serious gravity of offence, declining to grant bail without expressing final opinion on merits.
Bail application under Section 439 Cr.P.C. is dismissed.
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1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR
S.B. Criminal Misc. Bail Application No. 1531/2017
Suman Devi Wife of Late Shri Surendra @ Sunil @ Kaluram Balai, Resident of Ward No. 02, Khatushyamji Police Station Khatushyamji, District Sikar (Raj.) At present accused confined in District Jail Sikar
...Petitioner-Accused.
Versus
State of Rajasthan through Publice Prosecutor.
...Respondent
DATE OF ORDER ::: 30th January, 2017
HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Mr. Amit Singh Shekhawat for the Petitioner. Mr. Jitendra Shrimali, PP.
The present misc. bail application under Section 439 Cr.P.C. is preferred by the Accused/Petitioner Suman Devi in the matter of FIR No. 160/2016 registered at Police Station Khatushyamji, District Sikar for offences punishable under Section 302 IPC.
Heard learned counsel for the parties.
On consideration of submissions made on behalf of the respective parties and the material made available for my perusal as well as the evidence collected during investigation, I prima facie found that there is sufficient evidence available on record showing involvement of the petitioner in the present case, therefore, looking to the over all facts and circumstances
2 of the case, gravity of the offence specially the fact that since there are serious allegations against the present petitioner that she committed murder of her husband with the help of coaccused Vinod. Looking to the seriousness of allegations against the present petitioner, and without expressing any final opinion on the merit and de-merit of the case, I am not inclined to grant benefit of bail to the accused-petitioner.
Consequently, the bail application filed under Section 439 Cr.P.C. is dismissed.
[BANWARI LAL SHARMA], J.
Komal/166.
2 issues framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. given serious charges of unnatural death.
Whether the prima facie evidence of involvement in the murder warrants rejection of bail.
1 provisions across 1 enactments
Suman Devi
State of Rajasthan
Banwari Lal Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
