LUNA RAM Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned P.P. and the learned counsel for the complainant. Both these applications may be decided by a common order as they arise from one criminal case pending in the court of learned Sessions Judge, Jhunjnunu. A charge-sheet has been filed against three persons including the petitioners Luna Ram and Ghasi Ram, under Sec. 304-B, 498-A and 201 IPC. The third accused Prahlad has been released on bail under Sec. 439 Crimial P.C. by the learned Sessions Judge. However, the applications of the petitioners Luna Ram and Ghasi Ram were rejected and they have filed separate application before this Court for grant of their bail under Sec. 439 Crimial P.C. The learned counsel for the petitioner submits that admittedly Smt. Shanti @ Babudi committed suicide after falling in a well. This incident took place in the night intervening 30th and 31st March, 1990. From the statements of Mangala, Bhagirath and other witnesses it appears that after the death of Smt. Shanti @ Babudi, the petitioner Ghasi Ram went in the village to call the villagers intimating them about the fall of his daughter-in-law in well. It also appears that on his information, Mangala Ram Panch, Bhagirath. Ex-Pradhan and several other villagers assembled at the well and the dead-body was bought out. The statements of Bhagirath & Mangala Ram have been read over before me alongwith other statements. Mangala Ram is said to be a Panch and in relation of the complainant party. In his presence the dead-body was taken out from the well and then taken for creamation. From the statement of Bhagirath, it is further clear that at the instance of Mangala Ram, the dead-body was creamated as he had taken the responsibility of intimating the parents of the deceased and it was he, who took the responsibility of not lodging the report at the police station. Statement of Phool Chand has also been read-over to me. Phool Chand is the real brother of the deceased. From all these statements, the learned counsel for the petitioners submit that Smt. Shanti @ Babudi did not committed suicide on account of any iltreatment or torture to her for demand of dowry. The petitioners are said to be in jail since 13/17th April, 1990 and the trial of the case has yet to commence.

(2.) After hearing the learned counsel for both the parties and taking into consideration the statements of Bhagirath and other witnesses, I am of the view that without commenting on the merits of the case it is a fit case in which the accused petitioners should be granted bail under Sec. 439 Crimial P.C.

(3.) It is, therefore, ordered that accused petitioners Luna Ram Ghasi Ram be released on bail provided each of them furnishes a personal bond in the sum of Rs. 10,000.00 (Rs. Ten Thousand) with two sureties in the amount of Rs. 5,000.00 each to the satisfaction of the trial court with the stipulation to appear in that court as and when called upon to do so during the pendency of the trial against them in this case.