LALITA AND 7 OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These are eight applications for grant of bail on behalf of four women Smt. Lalita, Sint. Nanchi, Smt. Jamna and Smt. Nanudi against whom two cases under Sec. 302 Penal Code are pending in the Court of Sessions Judge at Jhunjhunu.

(2.) Brief resume' of the criminal cases registered against the petitioners is that on the basis of Parcha Byan of one Radhey Shyam injured an FIR No. 248/99 came to be instituted under Sections 147, 148, 149, 232, 447, 307 and 302 IPC. at Police Station Bagad, Distt. Jhunjhunu is connection with the murder of Kamal Kumar and Om Prakash. In order to arrest the accused in the said case Deputy Superintendent of Police Bagad along with Station House Officer Sheopal Singh proceeded to village Rekha Ki Dhani. Some of the accused persons were arrested by the Dy. S.F. and She-opal Singh SHO along with Police constables left back. There the petitioners and other accused surrounded Sheopal Singh, inflicted injuries on his person, his service revolver was snatched and he was done to death. An FIR No. 249/99 was registered at Police Station Bagad under Sections 302, 332, 353, 394, 147, 148 and 149 IPC. All the four petitioners have been named as accused in both the aforequoted cases.

(3.) Mr. Bajrang Lal Sharma, Senior Counsel vociferously canvassed that the petitioners have been implicated falsely. There is not even an iota of evidence to connect them with the crime. The alleged incident had been occurred in the darkness as is evident from the statements of the prosecution witnesses. The petitioners being women are entitled to be released on bail in view of the provisions contained in proviso appended to Sec. 437(1) Cr. P.C. It was also canvassed that the conduct of the SHO Sheopal Singh was not befitting to a Police Officer. Reliance was placed on Dr. Manjula Sharma Vs. State, 1993 RCC 4 ; Mst. Sunder Vs. State of Rajasthan, 1990 Cr LR (Raj) 92 ; Smt. Rameshwari Devi Vs. State of Rajasthan, 1979 Cr LR (Raj) 641 ; Mt. Choki Vs. State, AIR 1957 Raj 10 and Smt. Chandra Kala Vs. State of Rajasthan, 1991 RCC 426 .'