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2001 DIGILAW 1947 (RAJ)

Santosh @ Sukhi Devi v. State

2001-12-15

JAGAT SINGH

body2001
JUDGMENT 1. - This bail application has been filed on behalf of accused Santosh @ Sukhi Devi for offence under Section 302 Indian Penal Code in FIR No. 49/2001 at Police Station Maroth Distt. Nagaur. Her bail application has been rejected by the learned Addl. Sessions Judge Parbatsar by its order dated 4.9.2001. 2. Learned counsel for the petitioner submits that she is in custody since 13.8.2001. Challan has already been filed and there are only circumstantial evidence against her and her husband Suja Ram for the murder of Sarvan Ram whose dead body was found in well five days after the occurrence and that she has been implicated by Babu Lal and Kishan Singh in their statement recorded under section 161, Criminal Procedure Code three months after the occurrence. It is further submitted that she is a woman and resident of Tehsil Nawa Distt. Nagaur and having immovable property therefore, there is no likelihood of her absconding, therefore, she be released on bail. 3. Learned P.P. has opposed it. 4. Without expressing anything on the merits of the case and looking to the nature of the offence and the circumstances mentioned above I feel inclined to release her on bail.Accordingly their (sic her ?) bail application filed under section 439, Criminal Procedure Code is allowed and it is ordered that the accused petitioner namely Santosh @ Sukhi Devi be released on bail provided she furnishes a personal bond for a sum of Rs. 20,000/- alongwith two sound and solvent sureties in the like amount to the satisfaction of the learned trial court. She shall further give an undertaking that she shall appear before the trial court on each and every date of hearing and whenever called upon to do so till the completion of the trial.Bail Granted. *******