Dola & Anr vs State on 24 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 7274 / 2017

1. Dola S/o Shri Jag Ji, Aged About 70 Years, By Caste Damor
Bheel, Resident of Village Maska Bara, P.S. Sajjangarh, Distt.
Banswara.

2. Smt. Rassa W/o Dola, Aged About 67 Years, By Caste Damor
Bheel, Resident of Village Maska Bara, P.S. Sajjangarh, Distt.
Banswara.

(Presently Lodged in Sub-Jail Kushalgarh).

—-Petitioners
Versus
State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. Shambhoo Singh.
For Respondent(s) : Mr. A.S. Rathore, PP for the State.
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
24/08/2017

Petitioners have laid this bail application under Section 439

Cr.P.C. arising out of FIR No.103/2017 of Police Station

Sajjangarh, District Banswara wherein besides their son (Kishwar)

they are charged for offence punishable under Sections 498A and

306 IPC.

It is submitted by learned counsel for the petitioners that the

allegations against them are omnibus that they caused

harassment to their deceased daughter-in-law. It is also argued

by learned counsel that although there was serious acrimony

between Kishwar and his deceased-wife but there is no allegation

that petitioners perpetrated cruelty on her for demand of dowry or
(2 of 2)
[CRLMB-7274/2017]

they are responsible for her harassment. Lastly, learned counsel

has argued that after investigation police has submitted charge-

sheet in the matter and therefore being senior citizens petitioners

may be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail

application.

Having heard learned counsel for the parties and taking

into consideration totality of facts and circumstances of the case,

without expressing any opinion on merits of the case, I deem it

just and appropriate to grant indulgence to the petitioners by

enlarging them on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that accused-petitioners (1) Dola S/o

Shri Jag Ji, and (2) Smt. Rassa W/o Dola, arrested in connection

with F.I.R. No.103/2017, Police Station Sajjangarh, District

Banswara, may be released on bail; provided each one of them

furnishes a personal bond of Rs.50,000/- with 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.

(P.K. LOHRA)J.

Twinkle Singh/72

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