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
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
