Smt Dholi Devi vs State on 30 May, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 4670 / 2017
Smt. Dholi Devi W/o Sh. Vijay Raj, Aged About 35 Years, By Caste
Vishnoi, Resident of Bijrol Kheda, Police Station Jhab, District
Jalore (Raj.) (Presently Lodged in Central Jail, Jodhpur).

—-Petitioner
Versus
State of Rajasthan Through Public Prosecutor

—-Respondent
__
For Petitioner(s) : Mr.Ashok Kumar.
For Respondent(s) : Mr.Pankaj Awasthi, P.P.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
30/05/2017

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

F.I.R. No.21/2017, P.S. Jhab, District Jalore, for the offences under

Sections 498A and 306/34 I.P.C.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Charge-sheet has been filed against the petitioner for the

above offences which invoke maximum imprisonment of 10 years.

The petitioner being a woman is alleged to be the sister in law of

the deceased Smt.Puni, who was married to Bhanwar Lal about 20

years prior to the incident. She allegedly committed suicide upon

being harassed and humiliated by her husband the present

petitioner on account of bringing less dowry. Since the marriage of

the deceased with the co-accused was solemnised more than 20
(2 of 2)
[CRLMB-4670/2017]

years ago, the benefit of presumption is not available to the

prosecution.

In view of above and having regard to the entirety of facts

and circumstances as available on record and upon a consideration

of the arguments advanced at the Bar and as the petitioner is a

READ  Chandrabhushan Bhimraj -vs- State Of Maharashtra on 5 September, 1994

woman and her case is covered by the Proviso to Section 437

Cr.P.C., this Court is of the opinion that she deserves to be

enlarged on bail.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner namely Smt. Dholi Devi arrested in

connection with F.I.R. No.21/2017, P.S. Jhab, District Jalore shall

be released on bail; provided she furnishes a personal bond of

Rs.50,000/- and two surety bonds of Rs.25,000/- each to the

satisfaction of the learned trial court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.

(SANDEEP MEHTA)J.

/tarun goyal/
Sr.P.A

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