Single judge order granting bail to the petitioner, a woman accused of abetting suicide under Section 306 IPC, invoking the benefit of Section 437 proviso.
Release on bail in connection with FIR No. 73/2021 via personal bond of Rs.50,000/ and two sureties of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13004/2021
Deepli W/o Shri Narayan, Aged About 60 Years, R/o Karmakheda, P.s. Devgarh, District Pratapgarh. (At Present Lodged In District Jail, Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Kaluram Bhati |
|---|---|---|
| For Respondent(s) | : Mr. |
Gourav Singh,P.P. |
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
12/11/2021
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No. 73/2021 of Police Station Devgarh, District Pratapgarh for the offences punishable under Section 306 of IPC. She has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that allegation against the petitioner is to the effect that she abetted Smt. Rukma Bai for committing suicide. For the aforesaid offence, the petitioner is in custody since 07.09.2021. It is submitted that charge-sheet has been filed and conclusion of trial will take its own time.
(2 of 2)
[CRLMB-13004/2021]
Learned Public Prosecutor has opposed the bail application and has submitted that as per the statements of the Smt. Dhuli, the petitioner has been implicated in the present case.
Having regard to the totality of the facts and circumstances of the case and in view of the fact that charge-sheet has been filed and the petitioner is in custody since 07.09.2021 and she is a lady, entitled for benefit under proviso of Section 437 Cr.P.C, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Deepli W/o Shri Narayan shall be released on bail in connection with FIR No. 73/2021 of Police Station Devgarh, District Pratapgarh provided she executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(SUDESH BANSAL),J
12-Taruna/-
1 issue framed by the court
Whether bail should be granted to the petitioner arrested under Section 306 IPC considering she is a lady entitled to benefit under the proviso to Section 437 Cr.P.C.
3 provisions across 2 enactments
Deepli W/o Shri Narayan
State Of Rajasthan
Sudesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
