GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) The applicant Gopal and Janardhan are stated to have been facing trial on the charges under section 304-B IPC. They are the elder brothers of Prakash, the husband of the deceased Smt. Rajkumari. It is alleged that the husband and other in-laws of Smt. Rajkumari used to harass and treat her with cruelty for demand for dowry. She died of asphyxia under circumstances other than normal.

(3.) In the course of arguments learned counsel for Gopal applicant pointed out that on identical facts Janardhan another co-accused in the case was released on bail by the learned Sessions Judge and therefore there were no facts distinguishing the case of present accused Gopal from that of aforesaid at this stage. Bhanwarlal-complainant in the case has already moved an application under Sec. 439(2) Crimial P.C. for cancellation of bail granted to Janardhan by the learned Sessions Judge vided his order dated 27.1.99.