Rajasthan High Court - Jaipur
Smt Virma Devi And Anr vs State Of Rajasthan Through Pp on 3 February, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.19/2012 Smt. Virma Devi and Member Singh Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 03.02.2012 Hon'ble Mr. Justice Mohammad Rafiq Shri Sudhir Kumar Jain, counsel for petitioners Shri G.S. Rathore, Public Prosecutor #### By the Court:-
Heard learned counsel for petitioners as well as learned Public Prosecutor and perused material made available to me during course of arguments.
After considering all the facts and circumstances of the case, especially the fact that the deceased was cremated by accused-persons without informing her parents, I am not inclined to enlarge the petitioner no.2 Member Singh S/o Shri Amar Singh, on bail under Section 439 Cr.P.C. His bail application is accordingly dismissed. Trial court may expedite the trial.
However, at the same time, considering the facts and circumstances of the case of petitioner no.1 Smt. Virma Devi particularly the fact that she is a woman of 50 years of age, she is entitled to concession of first proviso to sub-section (1) of Section 437 of the Cr.P.C. Challan has been filed. Trial may take a long. Petitioner is ready to face the trial. Petitioner would undertake not to indulge in any offence in future and would maintain good conduct. There is no chance of fleeing the petitioner from justice.
Learned Public Prosecutor opposed the bail application.
After considering all the facts and circumstances of the case and without expressing any opinion on its merits, I deem it just and proper to allow bail application of petitioner no.1 Smt. Virma Devi. It is therefore ordered that accused-petitioner no.1, namely, Smt. Virma Devi W/o Shri Member Singh, R/o Nale-Walon-Ki-Dhani Bapi, Police Station Sainthal, District Dausa (presently confined in District Jail, Dausa) be released on bail under Section 439 Cr.P.C., in FIR No.76/2011, Police Station Sainthal, District Dausa, under Sections 498-A, 304-B and 201 IPC, provided she furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for her appearance on all subsequent dates of hearing and as and when called upon to do so.
The bail application stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//33 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW