LAWS(RAJ)-2008-3-160

RAMAN LAL Vs. STATE OF RAJASTHAN

Decided On March 26, 2008
RAMAN LAL Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Public Prosecutor for State and also perused the material on record.

(2.) The learned counsel for the accused-petitioner has argued that though offence alleged to have been committed by the petitioner is under Sec. 302 & 201 Penal Code but in fact it was a simple case of suicide by the wife of the petitioner namely Premdevi. She committed suicide by hanging herself from the ceiling fan. It is also argued that sister of the deceased is married with the brother of the petitioner and that sister and brother of the deceased who lodged the FIR participated in the funeral. The brother later lodged the FIR due to change of mind. The deceased was a known patient of Schizophrenia and she was taking treatment for last seven years. From the evidence that has come on record, merely suggest that the petitioner was a liquor addict and he in the state of intoxication used to beat the deceased. There is no evidence whatsoever on record to suggests that it was a case of murder. The petitioner has the responsibility to look after two minor children. The accused-petitioner is in Jail for quite some time. Challan in the matter has been filed. Trial of the case is likely to take long, therefore, the case of the accused-petitioner for grant of bail should be considered.

(3.) The learned PR has opposed the application and argued that the accused-applicant on facts of the case is not entitled to bail.