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2013 DIGILAW 1299 (RAJ)

Jamna Kaur v. State of Rajasthan

2013-07-17

R.S.CHAUHAN, VEERENDR SINGH SIRADHANA

body2013
JUDGMENT 1. Heard Mr. Jai Raj Tantia, the learned counsel for the appellants, and Mr. J.R. Bijarnia, the learned Public Prosecutor for the State. 2. Mr. Tantia has raised the following contentions before this Court:- 3. Firstly, both the appellants happen to be ladies. While the appellant No. 1, Smt. Jamna Kaur happens to be an elderly woman, the appellant No. 2, Smt. Kamlesh Kaur is a young woman of 25 years. She has two children, one seven years' old, and the other only one month's old. The small child is also behind the bars with the mother. 4. Secondly, the only allegation levelled against the appellants is that while Surender Pal, Kaka and Mohan Singh fired gunshots at the deceased and the other injured persons, these ladies had handed them bullets from a bag. However, no bag has been recovered by the police. 5. Thirdly, since they have been convicted for the offence under Section 302 read with Section 149 IPC, they happen to be peripheral accused persons. The main allegation for causing the death of the complainant's father, Surjan Singh is on Surender Pal. Moreover, according to the prosecution, the other two co-accused persons, namely Kaka and Mohan Singh had caused firearm injuries on other injured persons. Being peripheral accused-persons, the present appellants deserve the benefit of bail. 6. On the other hand, the learned Public Prosecutor has contended that the injured witnesses have testified about the presence of the present appellants. This clearly shows that they had taken part in the commission of the offence under Section 302 IPC. Hence, he has opposed the grant of bail. 7. Without expressing any opinion on the merits and demerits of the case, this Court suspends the sentence of the appellants. 8. Consequently, the application is allowed and it is directed that the sentence awarded to the accused-appellants, (1) Smt. Jamna Kaur W/o Surender Pal Rai Sikh, and (2) Smt. Kamlesh Kaur D/o Surender Pal Rai Sikh shall remain suspended till the final decision of the appeal and they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 30,000/- ( Rs. 30,000/- ( Rs. Thirty Thousand) with two sureties of the like amount, each to the satisfaction of the learned trial Court to the effect that they shall appear before this Court on 17.08.2013 and as and when they are called upon to do so.Application allowed. *******