RAJRANI LODHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks grant of compensation to the tune of Rs. 5,00,000/- from the respondent/State on the ground that the husband of the petitioner namely; Narayan Lodhi (since deceased) died on 12-11-2001 in jail custody in Central Jail, Raipur, for want of proper treatment and further no reply could be filed by the State in the pending bail application before the High Court in Cr.A. No. 628 of 1996 (Narayan Vs. State of Chhattisgarh).

(2.) The contention of the learned Counsel appearing for the petitioner is that the bail could have been granted by the High Court, if the reply was filed by the State in time. Thereafter, the petitioner and her children could have taken care of the deceased. Shri Tiwari, learned Counsel appearing for the petitioner placed reliance upon the decision of the Supreme Court rendered in Ajab Singh and another Vs. State of U.P. and others, 2000 SCC(Cri) 718.

(3.) On the other hand, Shri Bhatia, learned Dy. Govt. Advocate appearing for the State, submits that the petitioner was sentenced to jail on conviction by the 5th Additional Sessions Judge, Bilaspur, in Sessions Trial No. 332 of 1995 under the provisions of Section 302 of the Indian Penal Code. The deceased died in jail custody.