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1998 Supreme(Raj) 1053

A.S.GODARA
Mangli W/o. Anopa Ram – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - Heard learned counsel for the petitioner as also learned Public Prosecutor for State.

2. This is second bail petition moved in Sessions Case No. 64/97 pending trial against the accused-petitioner and others for alleged commission of offences u /ss. 498-A & 304-B, IPC. Previous one having been dismissed as not pressed on 2.2.1998.

3. Learned counsel for the petitioner while submitting copies of statements of PW 1 to PW 11 examined by learned Sessions Judge, Jaisalmer during the trial, submits that including PW 8 Arjun, who is father of the deceased, one Chhagan close relative of Arjun besides Kamal Singh, alleged to be an eye-witnesses, have turned hostile. The police and so also prosecution relying on the alleged dying declaration of the deceased Smt. Indira did not prosecute the accused-petitioner and her co-accused persons under section 302 IPC and instead the accused are being prosecuted under the aforesaid offences and in view of these circumstances, since the accused-petitioner is an old lady and since almost material witnesses have been examined and material witnesses do not support the prosecution case, therefore, petitioner may be allowed bail.

4. However, learne



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