SHARDA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned counsel for the complainant applicant, learned Public Prosecutor as well as the learned counsel for accused non-petitioners.

(2.) THE complainant petitioner is the wife of deceased Kanwar Lal Sharma who committed suicide on the abetment alleged to have been made by the accused non-petitioners. Regarding the incident FIR No. 140/2001 was registered at Police Station Lal Kothi. Jaipur for offence under Section 306 IPC. Apprehending their arrest, the accused non-petitioners first approached the learned Sessions Judge, Jaipur City, Jaipur for grant of anticipatory bail, who by his order dated 17. 09. 2001 dismissed the bail application. THErefore, the petitioners moved bail application for grant of anticipatory bail before this Court which was registered as S. B. Criminal Misc. Bail Application No. 4382/2001. This Court after hearing learned counsel for accused-non- petitioners, learned Public Prosecutor as well as learned counsel appearing for the complainant Sharda Devi, petitioner herein, vide order dated 11. 10. 2001 granted anticipatory bail to the accused non-petitioners.

(3.) IN reply to the allegations made in the application, the accused non-petitioners have submitted that neither copy of the complaint/report made by Sanwat Ram Yadav has either been filed along with the application nor the same has been supplied to the accused non-petitioners and therefore, in the absence of such complaint or report nothing can be said. However, it is submitted that Sanwant Ram Yadav had made the alleged complaint on 14. 8. 2001 i. e. before granting anticipatory bail to the accused non-petitioners on 11. 10. 2002 and thus the possibility that while granting bail to the accused non-petitioners, the said complaint was also taken into consideration, cannot be ruled out. It is also submitted that Sanwat Ram Yadav has not filed any affidavit in support of the contentions made in the application. Regarding allegation in connection with registration of FIR No. 52/2002 at Police Station Harmada, Jaipur it is submitted that the police after investigation has not submitted any charge sheet against non-petitioner Hanuman Prasad and has submitted a charge sheet against Om Prakash, Rahul, Ashish and Rajendra only that too under Sections 451 and 323 IPC.