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Rajasthan High Court · body

2001 DIGILAW 1564 (RAJ)

Dr. Subhash Kholia v. State of Rajasthan

2001-09-26

J.C.VERMA

body2001
JUDGMENT 1. - This is an application for anticipatory bail under Section 438, Criminal Procedure Code in FIR No. 590/1998 of Police Station Bassi, District Jaipur. The petitioner is being tried for the offence under Sections 498A and 306, Indian Penal Code. 2. The petitioner was husband of the deceased Dr. Indra married to petitioner in the year 1995. A son and a daughter were also borne out of the wedlock of petitioner and Dr. Indra. Dr. Indra had committed suicide on 13.11.1998 and had also killed her minor son and daughter. The complaint was made by the father of the deceased to the effect that the petitioner was in the habit of asking of money and harassing his wife. The FIR was recorded on the next day i.e. 14.11.1998. 3. The petitioner moved the application for anticipatory bail before the learned Sessions Judge, which was rejected on 27.6.2001. It is stated that the petitioner is a reputed doctor and so was his wife deceased Dr. Indra. There was no scarcity of money with either of them. The police had also submitted final report to the effect that the petitioner was not involved in the incident. The Sessions Judge had observed that because of the reason that the death of deceased had taken place within seven years of the marriage, when the deceased had also finished the life of her two innocent children. Therefore, the petitioner was not entitled to any concession of anticipatory bail. 4. As per police report made on 17.8.1999 the final report was submitted by police stating therein that there was no cogent evidence to involve the petitioner. However, later on the matter was re-considered and the police changed its opinion stating therein that the offence under Sections 498-A and 306, Indian Penal Code is made out from the statements recorded. 5. Taking into consideration the over all facts and circumstances of the case and in peculiar circumstances of the case, in my opinion it is a fit case where the petitioner is entitled for the concession of anticipatory bail under Section 438, Criminal Procedure Code. 6. Therefore, the SHO/Arresting Officer/Investigating Officer of Police Station Bassi, District Jaipur is directed that in the event of arrest of petitioner Or Subhash Kholia in FIR No. 590/1998 he be released on bail provided he furnishes a personal bond in the sum of Rs. 30,000/- (Rs. 6. Therefore, the SHO/Arresting Officer/Investigating Officer of Police Station Bassi, District Jaipur is directed that in the event of arrest of petitioner Or Subhash Kholia in FIR No. 590/1998 he be released on bail provided he furnishes a personal bond in the sum of Rs. 30,000/- (Rs. thirty thousand) with two sureties of Rs. 15,000/- each to the satisfaction of concerned SHO on the following conditions : (1) that the petitioner shall make himself/themselves available for interrogation by a police officer as and when required; (2) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer; and (3) that the petitioner shall not leave India without previous permission of the Court. However, if the petitioner does not co-operate with the prosecution, in that situation, the prosecution shall be at liberty to apply for cancellation of bail of petitioner. *******