MITHAI LAL Vs. STATE

JUDGEMENT

(1.) (Oral) The present petition is filed by the petitioner under Section 439(2) Cr.P.C. for setting aside the order dated 8.2.2010, passed by the learned ASJ in S.C. No.230/2009, by which the bail application of the accused, Ram Niwas, father-in-law of the deceased daughter of the petitioner herein, was allowed.

(2.) Challenge is laid to the aforesaid bail order mainly on two counts. It is stated by the counsel for the petitioner that the respondent No.2 tried to misguide the learned ASJ by stating that he was aged 65 years, which weighed with the court while passing the impugned order. He submits that in fact, the respondent No.2 is 60 years of age. Secondly, he submits that the respondent No.2 intentionally got the date of hearing of his bail application advanced by filing an application before the District Judge, which was allowed, vide order dated 4.2.2010 and as a result, the petitioner was not present before the learned ASJ on 8.2.2010, when arguments were addressed on the bail application.

(3.) It is an undisputed position that the incident of the daughter of the petitioner, Ms. Sunita committing suicide at her matrimonial home, occurred on 9.6.2009. On the very next day, the husband of the deceased, Anil and her father-in-law, respondent No.2 herein, were arrested by the police. Thereafter, respondent No.2 remained in judicial custody till the passing of the impugned order dated 8.2.2010, i.e., for almost a period of 7 months.