Rajasthan High Court - Jaipur
Usmani And Anr vs State Of Rajasthan Through Pp on 26 April, 2018
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 4746/2018
1. Usmani W/o Shri Sahbuddin B/c Musalman, Aged About
68 Years, R/o Village Sahsan, Police Station Jurhara,
District Bharatpur (Raj.)
2. Sahbuddin S/o Shri Hari Singh, B/c Musalman, Aged
About 68 Years, R/o Village Sahsan, Police Jurhara,
District Bharatpur (Raj.)
----Petitioners
Versus
State Of Rajasthan Through P.p.
----Respondent
For Petitioner(s) : Mr. Azad Ahmed with Mr. Mahendra Verma For Respondent(s) : Mr. Sudesh Saini, P.P. Mr. Mohd. Iqbal Khan for Complainant HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 26/04/2018
1. Petitioners have filed this miscellaneous bail application under Section 438 Cr.P.C.
2. F.I.R. No. 300/2017 was registered at Police Station Jurhara, Distt. Bharatpur for offence under Sections 498-A, 304-B of I.P.C.
3. It is contended by counsel for the petitioners that petitioners are father-in-law and mother-in-law of the deceased. In the dying declaration deceased has mentioned that she was taking medicines and erroneously she took the spray.
4. It is contended that custodial interrogation of the petitioners are not required. Petitioners are aged senior citizens.
(2 of 2) [CRLMB-4746/2018]
5. Learned Public Prosecutor and counsel for the complainant have opposed the bail application.
6. I have considered the contentions.
7. Considering the arguments put forth by counsel for the petitioners, I deem it proper to allow the anticipatory bail application.
8. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Jurhara, Distt. Bharatpur in F.I.R. No. 300/2017 is directed that in the event of arrest of the petitioners they shall be released on bail, provided they furnish a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to his satisfaction on the following conditions :-
(i). that the petitioners shall make themselves available for interrogation by a police officer as and when required;
(ii). that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and
(iii). that the petitioners shall not leave India without previous permission of the court.
9. However, petitioners are directed to appear before the Investigating Officer within one month from today, failing which the anticipatory bail application shall stand dismissed without further reference to the Bench.
(PANKAJ BHANDARI),J Amit/47