Research › Browse › Judgment

Rajasthan High Court · body

1990 DIGILAW 762 (RAJ)

Poonam Chand v. State of Rajasthan

1990-12-11

N.L.TIBREWAL

body1990
JUDGMENT 1. - Heard the learned counsel for the petitioner and the learned public prosecutor. 2. As per the prosecution case, Deepak, a boy of 9-10 years old, when not found by his father Bhanwarlal, was searched out and his dead body was found in a well. A report was made by the father of the deceased to the police on 23-9-90. The post-mortem of the dead body was conducted by the Medical Officer and (be cause of death was given to be shock. From the post-mortem report it does not appear that there were any ligature marks of the fingers on the neck of the deceased. However, the only evidence which has been collected against the accused petitioner is that he made extra judicial confession in the presence of certain persons. The statements of all these witnesses have been recorded under Section 161 Cr P C. after 21/2 months or so. Without commenting on the merits of the case but taking into consideration, the facts and circumstances of the case, I am inclined to release the petitioner on bail under Section 439 Cr.P.C. 3. It is, therefore, ordered that the accused petitioner Poonam Chand be released on bail provided he furnishes a personal bond in the sum of Rs. 5,000/- (Rupees Five Thousand) with one surety in the like amount to the satisfaction of the trial court with the stipulation to appear before that court or any ether court on each and every date of hearing during the pendency of trial of this case and as and when called upon to do so. *******