The High Court of Rajasthan allowed bail applications filed by the mother-in-law and father-in-law of a deceased women accused of dowry death. The court accepted the applications primarily due to the unexplained 8-month delay in filing the FIR.
Petitioners released on bail on personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
…..
S.B. Criminal Misc. Bail Application No. 334/2022.
Sharda W/o Sonaram, aged about 38 years, R/o Janglu, Police Station Panchu, District Bikaner.
(Petitioner Is Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
Connected With
S.B. Criminal Misc. Bail Application No. 335/2022.
Sonaram S/o Lunaram, aged about 40 years, R/o Janglu, Police Station Panchu, District Bikaner.
(Petitioner Is Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
| For Petitioner(s) | : Mr. Surya Deep. |
|---|---|
| For Respondent(s) | : Mr. Anda Ram Choudhary,PP. |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
15/02/2022
The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody
(2 of 3)
[CRLMB-334/2022]
in connection with F.I.R. No. 91/2021, Police Station Deshnok, District Bikaner, registered for the offences punishable under Sections 406 and 304-B of the Indian Penal Code.
Heard learned counsel for the petitioners as well as learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioners stated that a Missing Persons Report (dated 17.11.2020) was submitted by Manaram, i.e., the father of the deceased (Suvati); that in the MPR, it was stated that the deceased (Suvati) was of unsound mind and since her in-laws came on that for bringing the deceased back to her matrimonial home, she (Suvati) had committed suicide in the house of Mangi Lal, resident of Indra Colony, Deshnok; that thereafter, on the basis of legal advice, FIR was lodged on 30.07.2021 by the mother of the deceased; that there is no explanation for the delay of 8 months and 13 days in lodging the FIR; that the present petitioners are the mother-in-law and fatherin-law of the deceased; that both the petitioners are in custody since 21.11.2021; that the charge-sheet has been filed; that as per the statement of the complainant, there is a family dispute between husband and the wife (deceased Suvati) and the present petitioners have tried to sort out the matter, therefore, they have been implicated in this case; and that the trial will take time, therefore, benefit of bail may be granted to the accusedpetitioners.
Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioners but does not controvert the arguments advanced by the learned counsel for the petitioners.
(3 of 3)
[CRLMB-334/2022]
Having regard to the facts and circumstances of the case, particularly looking to the facts that the FIR in question has been filed after 8 months and 13 days without furnishing any plausible explanation for that delay; that the petitioners are behind the bars since 21.11.2021; that the charge-sheet has already been filed; and that the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed on behalf of the accused-petitioners deserve to be accepted.
Consequently, the bail applications are allowed. It is ordered that the petitioners, Sharda W/o Sonaram (Bail Application No. 334/2022) and Sonaram S/o Lunaram (Bail Application No. 335/2022), both arrested in connection with F.I.R. No. 91/2021, Police Station Deshnok, District Bikaner, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J
50-51-Mohan/-
1 issue framed by the court
Whether bail should be granted to the petitioners implicated in a dowry-related case considering the delay in FIR lodging and duration of custody.
1 provisions across 1 enactments
Sharda W/o Sonaram
Sonaram S/o Lunaram
State Of Rajasthan through PP
Devendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
