BHAGWAN SAHAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The first bail application in this case was rejected in respect of the present petitioner on 6.2.92. The incident is dated 27.10.91. The petitioner was arrested on 28.10.91 and the challan in this case was filed on 22.1.92. It is not disputed that after the filing of the challan the charge has been framed but according to Mr. Sharma there is no residing officer in the Court. Mr. Sharma submits that besides the fact that the petitioner has already remained in jail for a period of about 1 year by now the petitioners daughters Prem and Santoshi had been engaged before three years with the sons of Ramehandra Shakkarwal resident of Suratgarh, Distl. Alwar and the marriage of the two daughters has been fixed on 6.11.92. It is also stated in the affidavit filed by the petitioners wife Teeja that the boys side has warned that either the marriage be performed or else they will dis-engage their boys with the two daughters of the petitioner. It has been submitted that while the petitioner is in jail she is unable to perform the marriage. On the basis these un- controverted and compensionate grounds the counsel for the petitioner seeks the bail order in favour of the petitioner.

(2.) Without expressing any opinion on the merits of the case, I am inclined to accept this bail application under Sec. 439, Criminal Procedure Code.

(3.) It is, therefore, directed that accused-petitioner Bhagwan Sahai son of Shri Girdhari, aged about 45 years, by caste Rager, resident of village Mer, PS Viratnagar, Distt. Jaipur shall be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000.00(Ten Thousand) with two sureties of Rs.5,000.00(Five Thousand) 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 him in this case.