RAGHUNANDAN AND OTHERS Vs. SMT, ROOMALI AND OTHERS

JUDGEMENT

(1.) By order dated 10,8.98, the learned Additional Sessions Judge, Gangapur City had granted anticipatory bail to respondent Nos. 2 to 6 who are all ladies, in FIR No. 387/98 under section 147, 448, 140, 323, 303, 307, 452, 427 and 336 IPC. One Nangia had been caused a number of injuries with sharp as well as blunt weapons, 16 persons were arrested in connection with his murder and they are reported to be in jail. The present applicants were granted bail on the ground that they were all ladies either of advanced ages or were minors, and that the accusation made against them was that they had pelted stones at the prosecution witnesses.

(2.) Cancellation of bail granted under section 438 Crimial P.C. to the respondents, has been prayed mainly on the ground that they were also members of the unlawful assembly and that the only fact that had weighed with the learned Additional Sessions Judge in granting bail to them, was their being women. With the help of decisions of the Supreme Court in Kiran Devi Vs. State of Rajasthan and another 1988 Cr.LR (SC) 177 and Pokar Ram Vs. State of Rajasthan 1985 SC 969 , it was submitted that looking to the gravity of the offence bail should not have been granted to the respondents.

(3.) As against the above, learned counsel for the accused respondents has submitted that it was after consideration of the entire facts and circumstances of the case that the learned Additional Sessions Judge had exercised his discretion in the matter of grant of bail to the respondents and since there were no facts regarding abuse of such concession by them or tempering with the prosecution witnesses bail should not be cancelled. In support of such contention, reliance has been placed on the decisions of this Court in the cases of Smt. Vijay Laxmi Vs. State of Rajasthan 1988 RCC 43 and Kishori Lal Bapat Vs. State of Rajasthan and Others 1988 RCC 197 .