UJAGAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE accused-applicant and two other accused persons, namely, Jawahar Singh and Bitti Bai are alleged to have committed the offence under Sections 498-A, 302/304-B and 201 of the Indian Penal Code concerning the death of the wife of Jawahar Singh. Bitti Bai is the mother-in-law of the deceased Smt. Sapna Devi while this accused-applicant Ujagar Singh is her husband's brother. Learned counsel for the petitioner submitted that the accused-applicant had absconded while the other two accused persons, Jawahar Singh and Bitti Bai, were tried for the aforesaid offences and they have been acquitted by the judgment of the learned 2nd Additional Sessions Judge, Bhind dated 24-10-97, in S. T. No. 186/95. A copy of the judgment has been filed for the perusal of this Court.

(2.) LEARNED Panel lawyer was asked to verify the fact as to whether the State had gone in appeal against the said judgment passed by the learned 2nd Additional Sessions Judge. Today, learned Panel lawyer submits that the verification report has been received, and it indicates that the State had not filed any appeal against that judgment. Thus, the consequence follows that the aforesaid judgment passed by the learned 2nd Additional Sessions Judge has become final, meaning thereby that the accused persons in that case could not be proved to have committed the aforesaid offences. The further contention of the learned counsel for the petitioner is that the case of this accused-applicant Ujagar Singh, who happens to be the deceased's husband's elder brother, is similar to the case of the two acquitted accused persons, and hence he deserves to be bailed out.

(3.) IT is true, that this accused-applicant shall now be tried for the aforesaid offences, but the fact remains that there is an unchallenged legal and judicial verdict regarding the acquittal of the other two accused persons. That judgment has become final on the factual aspects of the incident in question. I am of the view that this factum by itself goes to soften the rigours for bail to be granted to this accused-applicant. Thus, in this scenario, I feel inclined to grant bail to the accused-applicant. The application is, therefore, allowed. The applicant is directed to be released on bail on his furnishing a personal bond in a sum of Rs. 40,000/- with two solvent sureties in a sum of Rs. 20,000/- each to the satisfaction of the trial Court concerned.