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1992 DIGILAW 784 (RAJ)

Barji Devi v. State of Rajasthan

1992-09-16

N.L.TIBREWAL

body1992
JUDGMENT 1. - Heard Case diary perused. The contention of the petitioners counsel is that none of the petitioners caused any injured to the deceased, and that they belong to one family, but, on account of some dispute of the land they have been implicated. 2. I have seen the post-mortem report of the deceased, and also the statements of the witnesses. Taking into consideration all the facts and circumstances, I am not inclined to grant pre-arrest bail to the petitioners Rameshwar and Subaj. Hence, their application U/s. 438 Cr.P.C. is hereby rejected. They may surrender be fore the competent court and move an application for bail U/s. 437/439 Cr.P.C. 3. So far the petitioner Barji Devi W/o. Kishna is concerned, she is a woman and looking to the part assigned to her and the fact that her house is also near the place of incident, she may be given the benefit of pre-arrest bail U/s. 438 Cr.P.C. 4. It is ordered that the petitioner Barji Devi w/o. Krishna, if sought to be arrested by the SHO-PS-Shahpura, in F.I.R. No. 283/92, she may be released on bail, on her furnishing a personal bond in the sum of Rs. 5,000/- (Rs. Five thousands) with one surety, in the like amount, to the satisfaction of the SHO concerned, to appear before him for interrogation/injury, as and when required.Application partly allowed. *******