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1998 Supreme(Raj) 820

B.J.SHETHNA
Bheru Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Pradeep Shah, D.S. Shishodia and Manish Shishodia, for the Appellant
Ashok Upadhaya, Public Prosecutor for the Respondents

Judgment

B.J. Shethna, J.-These two misc. second bail petitions are disposed of this common order as they are arising out of same incident. Second bail application No. 3460/98 is filed by accused petitioners Bheralal husband of deceased Aijee, Saku, father-in-law of deceased Aijee and Smt. Sohani alias Soni, mother-in-law of deceased Aijee. Whereas, second bail application No. 3495/98 is filed by Smt. Dali, who is not related either to deceased or to the accused persons. All the accused are facing charge under Section 306 and 498A, IPC on the death of deceased Aijee, who died after consuming poison on 29-7-1998. The case is also committed to the, Court of sessions. Learned counsel Shri Shah appearing for the accused persons Bherulal and other relatives of deceased Aijee vehemently submitted that even taking the prosecution case as it is it cannot be said that the accused persons have committed offence under Section 306, IPC. According to him, at the most, offence, if any, is committed by the accused persons then i.e. under Section 498-A, IPC which is punishable for three years imprisonment only, therefore, the accused should be enlarged on bail as they are in jail since last more t











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