STATE Vs. UCHBAB KANWAR

JUDGEMENT

(1.) It was under the orders of this Court dated April 9, 1990 which orders were made in S. B. Cr. Misc. Bail Application No. 682/1990 Bajrang Singh and another Vs. State of Rajasthan that this court had ordered that the record of the case be - summoned to see as to how in a case of present nature, pre-arrest bail was granted to Uchhav Kanwar by the Additional Sessions Judge. After the said record was received, this Court ordered on June 26, 1990 that notice be given to Uchhab Kanwar as to why pre-arrest bail granted to her be not cancelled under Sec. 439(2) Cr. P. C. The notice has been given to Uchhab Kanwar and Mr. P. R. S. Rajawat has appeared on her behalf.

(2.) F. I. R. was lodged by one Rishraj Singh in Police Station Ramganj Mandi District Kotta on 4 2.1989 that he along with other including his father Gokul Singh were in the agricultural fields and were returning from their fields and when they reached near the house of Daryab Singh son of Khuman Singh, accused persons Balwant Singh. Bajrang Singh son of Khuman Singh, Gulab Singh, Shivraj Son of Keshar Singh, Khuman Singh and accused non-petiiioner Uchhab Kanwar encircled them. So far as the accused non-petitioner is concerned, it was alleged in the FIR that when his brother Kalyan Singh came for rescue his father Gokul Singh and sister Bhanwar Bai came to intervene and Balwant Singh, Bajrang Singh and Uchhab Kanwar caused injuries to him. A case was registered and investigation was set in motion. So far as Gokul Singh, father of Rishraj Singh is concerned, he died as a result of the injuries and post-mortem examination war conducted on his dead body. A look at the post-mortem report will show that the deceased Gokul Singh had as many as 9 injuries and first three injuries were incised wound all on the vital part of the body. It may be proper to give the three injuries which are reproduced here as under :

(3.) I have described only three injuries caused by sharp edged weapon and there are five injuries including No. 5 described as incised wound and injury No. 5 was 5x1 almost half thickness of rt. wrist ext. aspect. In the opinion of the doctor, the deceased died of coma and shock due to injury to vital part i.e. brain and other part of the injured body. After investigation a charge-sheet was filed. So far as Uchhab Kanwar is concerned, she field an application under Sec. 438 Crimial P.C. before the Sessions Judge Kota which was registered as Cr. Application No. 1932/1989 and the pre-arrest bail was allowed to the accused non-petitioner on Oct. 19, 1989. A look at the order dated Oct. 1989 will show that it is a small one para order and it is not known who was the Presiding Officer who allowed bail to the accused-non-petitioner. For the reasons which shall be presently shown it was not a case where pre-arrest bail could have been allowed and it was not a sound exercise of the discretion to have allowed bail under Sec. 438 Cr. P. C to the accused-non -petitioner in a case of present nature.