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1997 DIGILAW 1249 (RAJ)

Dhanpat Singh v. State of Rajasthan

1997-10-20

S.C.MITAL

body1997
JUDGMENT 1. - This is the fourth bail application on behalf of petitioner Dhanpat Singh who is facing trial for the charge under section 306 IPC in the Court of Additional Sessions Judge, Ratangarh, District, Churu in Sessions Case No. 35/96 (State v. Dhanpat Singh & Ors. ). 2. Briefly stated the prosecution case is that the petitioner-husband, Smt. Raj u Devi mother-in-law, Babu Lal father-in-law and Laxmipat brother-in-law subjected Prabha Devi (deceased) to cruelty and harassment for the demand of dowry, which compelled Prabha Devi to commit suicide. Thus, the petitioner and other accused persons committed the offence under section 306 IPC i.e. abetment of suicide. The third bail application was rejected on 7.8.1997 when the statement of PW 1 Ranjeet Kundaliya had been recorded and now 9 prosecution witnesses have been examined and 5 have been given up. 3. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the complainant. 4. The learned counsel for the petitioner has placed all the contentions which were raised while hearing the third bail application. I, therefore, do not consider it necessary to repeat all those contentions and the reply given by the learned Public Prosecutor. The learned counsel for the petitioner has submitted that from the statements of the witnesses it can not be said that the petitioner abetted the commission of the alleged offence. On the other hand it is found that there were cordial relations between the deceased and the petitioner. If the prosecution version is considered that time to time the complainant was giving money and other articles then there was no reason for the petitioner and members of his family to treat the deceased with cruelty or harassment. It is also borne out from the cross-examination of the witnesses that in fact there was some dispute about payment of money advanced to the complainant by her, which was to be returned by the complainant to the petitioner. 5. The learned Public Prosecutor opposed the bail application and contended that all the arguments raised by the learned counsel for the petitioner have been dealt with in the detailed order passed while dismissing the third bail application on 7.8.1997 and, therefore, there are no new circumstances to release the petitioner on bail. 6. I have considered the rival contentions and have also perused the statements recorded during the trial. 6. I have considered the rival contentions and have also perused the statements recorded during the trial. Without making any comments on the testimony of the witnesses, I deem it just and proper to release the petitioner on bail. 7. The petition is hereby allowed. It is ordered that petitioner Dhanpat Singh shall be released on bail provided he executes his personal bond in the sum of Rs. 10,000 /- (Rs. ten thousand) and furnishes two sureties in the sum of Rs. 5,000/- each to the satisfaction of the learned Additional Sessions Judge, Ratangarh, District, Churu for his appearance in that Court during the trial and on all the dates whenever called upon to do so.Bail application allowed. *******