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1998 DIGILAW 1014 (RAJ)

Ram @ Sukho v. State of Rajasthan

1998-09-15

B.J.SHETHNA

body1998
Honble SHETHNA, J.–There was a dispute between the deceased and the accused persons regarding land, which resulted into the death of deceased Balvir Singh. Police filed challan against the three accused Mai Ram, Jeet Ram and present accused Rani @ Sukho w/o Jeet Singh @ Jeet Ram. Mai Ram had Gandassi (a sharp edged weapon), Jeet Ram had `Takua (a sharp edged weapon) and the petitioner had an Axe. The allegation against them is that all of them mercilessly beaten the deceased with the weapons which they had with them. There are in all six injuries out of them five are incised wounds and there is one abrasion. It may be stated that out of these three accused only one i.e. the present lady accused filed bail petition under Section 439 Cr.P.C. before the learned Sessions Judge, which is rejected on 3.9.98. Hence this bail application. (2). Mr. Garg submitted that though the allegation made against the present accused are of serious nature and the offence under Section 302 IPC is registered against the petitioner, but the petitioner be released on bail in view of the fact that she had two minor children aged 3 years and one year respectively and a child aged one year has to remain with her in jail because of his tender age and another has to live in village without any shelter. He submitted that the petitioner is in custody since 10.7.1998. He also conceeded that looking to the allegation made against the other accused there is hardly any possibility of them being released on bail by any of the Court including this Court and because of that it appears that the other two accused may not have even presented their bail application before the Sessions Court. However, he submitted that considering the peculiar facts and circumstances of the case and that now the investigation is already over, the petitioner be enlarged on bail. (3). However, learned Public Prosecutor Shri Bhati vehemently objected for releasing the petitioner on bail. He submitted that today if this Court release the petitioner on bail then tommorrow other co-accused may also file bail application and seek bail on the ground that co-accused is already released on bail by the High Court, therefore, they may also be released on bail. This apprehension of Mr. He submitted that today if this Court release the petitioner on bail then tommorrow other co-accused may also file bail application and seek bail on the ground that co-accused is already released on bail by the High Court, therefore, they may also be released on bail. This apprehension of Mr. Bhati can be taken care of by observing that merely because one of the accused is relea- sed on bail that itself would not be a ground to automatically release the other co-accused. Infact, learned counsel Shri Garg practically conceeded that looking to the nature of offence and the role played by the main accused persons there is hardly any question of releasing them on bail by any Court. (4). Considering the peculiar facts and circumstances of the case and that in- nocent child aged one year has to remain in jail alongwith his mother and that another minor child aged three years has to remain separately from his mother and keeping in mind the proviso (i) to Section 437 Cr.P.C., the present accused Rani @ Sukho is required to be released on bail. (5). Accordingly, this bail application is allowed. The petitioner Rani @ Sukho w/o Jeet Singh is ordered to be released on bail provided she furnishes personal bond in the sum of Rs. 5000/- with one surety in the like amount to the satisfaction of learned trial Judge for her appearance before that Court as and when ordered by the Court. She shall not try to influence the witnesses during the trial.