Smt. Vidhyawati And Ors. vs State Of Rajasthan on 3 March, 1989

Rajasthan High Court
Smt. Vidhyawati And Ors. vs State Of Rajasthan on 3 March, 1989
Equivalent citations: 1989 WLN UC 330
Author: S C Agrawal
Bench: S C Agrawal


Suresh Chandra Agrawal, J.

1. This bail application has been moved under Section 438, Cr.P.C.. A case under Sections 304B and 498A IPC has been registered against the petitioners.

2. The learned Public Prosecutor has raised a preliminary objection with regard to the maintainability of this bail application on the ground that the petitioners have approached this Court directly without first moving a petition under Section 438, Cr.P.C. before the Sessions Judge and in support of his aforesaid submission the learned Public Prosecutor has placed reliance on the decision of this Court in Manzoor Ahmed v. State of Rajasthan reported on 1985 RLR 774 wherein this Court has laid down normally an accused should first move the Court of Sessions before coming to this Court under Section 438 Cr.P.C. It is true that in this case the accused petitioners have moved this Court directly without first moving the Sessions Judge and have also not indicated any special reasons for departure from the normal practice but I find that this bail application was moved on 9th December, 1988 and during this period it has been placed for orders before the court on a number of occasions The case diary has also sent for and directions have also been issued that petitioners may not be arrested. Since the case diary has also been received, I consider it appropriate to consider the bail application, on merits.

3. It appears that the challan has been filed against Ashok Kumar the husband of deceased Anita and Raghunath Prasad, the father-in-law of the deceased under Section 302 and 201 IPC on the basis that Ashok Kumar has committed murder of his wife Smt. Anita. In those proceedings Raghunath Prasad has been granted bail. I have perused the case diary and taking into consideration the facts and circumstances of the case and more especially that petitioners Nos. 2 and 3 young girls and petitioner No. 1 is an elderly lady, I consider it appropriate to allow this application It is, therefore, directed that the accused petitioners, namely, Smt. Vidhyawati wife of Shri Raghunath Prasad Sharma, Kumari Suman Lata D/o Shri Raghunath Prasad Sharma, Kumari Sunita D/o Shri Raghunath Prasad Sharma in FIR No. 154/1983 of the-police station Udaipur, District Jhunjhunu dated 9th November, 1988, in the event of their arrest shall be released on bail provided each of them furnished a personal bond in the sum of Rs. 5000/-(five thousand Only) with one surety in the like amount to the satisfaction of the Investigating Officer, on the following conditions:

(i) that they shall make themselves available for interrogation by a police officer as and when required;

(ii) That they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and

(iii) that they shall not leave India without the previous permission of the Court.

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