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HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9666/2021
Kana Ram
—-Petitioner
Versus
State
—-Respondent
For Petitioner(s) : Mr. Devendra Mahalana
For Respondent(s) : Mr. Sudhir Tak, PP
HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
27/07/2021
Learned counsel for the petitioner submits that the charge-
sheet has been filed under Section 498A 306 of IPC and no
recovery is to be made from the petitioner and therefore he
deserves to be granted bail.
I have considered the submissions.
A look at the FIR shows that the complainant had specifically
mentioned that his sister had been murdered. From the perusal of
the Post Mortem Report, it is revealed that there is no ligature
mark and the deceased has not died on account of hanging. The
doctor has not given cause of death and has reserved his final
opinion. The statements of witnesses also show that the deceased
has not committed suicide but Bhaguram states that she was
murdered. In spite of evidence, the S.H.O. has submitted a
charge-sheet without obtaining final opinion from the doctor and
also without ascertaining the correct truth, the charge-sheet does
not mention as to how he has reached to the conclusion that it is a
case under Section 306 of IPC. Let the S.H.O. Police Station
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Chitawa, District Nagaur, present in the Court on the next date to
explain the aforesaid.
The Superintendent of Police (SP), Nagaur is also directed to
keep the S.H.O. present in the court on 29.07.2021, who has filed
the charge-sheet.
List this case again on 29.07.2021.
A copy of this order be sent to the Superintendent of
Police(SP), Nagaur for compliance of the order.
(SANJEEV PRAKASH SHARMA),J
Saurabh yadav/69
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