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2014 DIGILAW 1378 (RAJ)

Mehar Singh v. State of Rajasthan

2014-07-10

MAHESH CHANDRA SHARMA

body2014
Judgment Brief facts of the case are that the applicant was arrested in the matter of FIR No. 38 dated 2.5.2011 lodged at Police Station, Nosra, District Jalore for the offence under Sections 302, 120B IPC and Section 4/25 of Arms Act on account of death of one Smt. Satindra Kaur @ Sonu Sidh and Smt. Jagjeet Kaur. Pursuant thereto, the applicant was arrested. After completion of investigation, the charge sheet was filed by the police. Thereafter the father of the applicant Kartar Singh expired on 17.6.2012, for which the applicant moved the interim bail application before the court below and the same was dismissed vide order dated 19.7.2012. Thereafter the applicant moved the interim bail application before this Court, which was dismissed by the Coordinate Bench of this Court vide order dated 16.8.2012. Now this application has been filed by the applicant under Section 439 CrPC seeking interim bail for a period of one month on the ground of marriage. The only prayer made by learned counsel for the applicant Ms. Ranjana Singh Mertia is that the applicant wants to marry with a girl namely Himanshi Kaur, who has filed an affidavit before this Court that she is ready to marry with the applicant Mehar Singh and for that purpose, he should be released on interim bail for a period of one month. Learned PP assisted by counsel for the complainant have vehemently opposed the arguments advanced by learned counsel for the applicant and contended that applicant is the accused of Section 302, 120B IPC and Section 4/25 of Arms Act. It is the case of double murder. Already a case has been registered against the applicant on account of escaping from custody. If such type of accused applicant is released on interim bail for a period of one month, as prayed by learned counsel for the applicant, he will not come back in jail. I have learned counsel for the applicant, learned PP for the State as well as learned counsel for the complainant and carefully perused the relevant material on record. Looking to the facts and circumstances of the case, as mentioned above, I do not think it proper to released the accused applicant on interim bail. Hence, the interim bail application filed by the applicant is hereby dismissed. Looking to the facts and circumstances of the case, as mentioned above, I do not think it proper to released the accused applicant on interim bail. Hence, the interim bail application filed by the applicant is hereby dismissed. However, since every person has got a right to marry, and in this case girl Himanshi Kaur has filed an affidavit that she wants to marry with the applicant and she knows each and every aspect of the case, this Court cannot stop any person from marriage for the reason mentioned here-in-above, as such we issue directions to the Superintendent, Central Jail, Jodhpur that if the girl Himanshi Kaur wants to marry with the applicant and moves an application before him in this regard, then after confirming this fact from the applicant whether they both want to marry with each other, he will solemnize the marriage of applicant and Himanshi Kaur in Gurudwara in custody and the State Government will bear the expenses, if this marriage is solemnized.