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2021 Supreme(Raj) 1197

IN THE HIGH COURT OF RAJASTHAN
PUSHPENDRA SINGH BHATI, J.
Shivjot Kaur – Appellant
Versus
State of Rajasthan – Respondents
S.B. Criminal Misc. Application Nos. 65 and 4694 of 2021
Decided On : 05-05-2021

Advocate Appeared:
For the Appellant :K.R. Bhati and D.L. Rawla, Advocates
For the Respondents: S.S. Rajpurohit, P.P.

Headnote:

Criminal Procedural Code, 1973 - Section 439 – Indian Penal Code, 1860 - Sections 302/324, 397/34 & 201 - Bail application – Offence of Murder - Voluntarily causing hurt by dangerous weapons or means - Petitioner has pointed out that deceased was mother of complainant - He further submits that suspicion of foul play was laid by upon which the prosecution launched the case against her daughter and her son-in-law - He further submits that the post-mortem report does not indicate any injury whatsoever upon the body of the deceased - He has further pointed out that in the post-mortem report, the cause of death is unknown, which looks like a natural death – Held, bail application No. 4694/2021 filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner shall be released on bail in connection with FIR of Police Station provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial - Bail application allowed.

JUDGMENT :

Pushpendra Singh Bhati, J.

1. In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.

In S.B. Criminal Misc. Bail Application No. 4694/2021

2. Heard learned counsel for the parties and perused the material available on record.

3. The petitioner has been arrested in connection with FIR No. 150/2020 of Police Station Ghamudwali, District Sriganganagar for the offence punishable under Sections 302/324, 397/34 & 201 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

4. Learned counsel for the petitioner has pointed out that deceased Harbans Kaur was the mother of the complainant Lakhvindra Kaur. He further submits that the suspicion of foul play was laid by Lakhvindra Kaur upon which the prosecution launched the case against her daughter Shivjot Kaur and her son-in-law Harwinder Singh. He further submits that the post-mortem report does not indicate any injury whatsoever upon the body of the deceased. He has further pointed out that in the post-mortem report, the cause of death is unknown, which looks like a natural death.

5. Learned counsel for the petitioner further submits that in the statement of Lakhvindra Kaur, she has not deposed anything against Shivjot Kaur and Harwinder Singh.

6. Learned P.P. opposes the bail application but is unable to refute the aforesaid submission.

7. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

8. Accordingly, this bail application No. 4694/2021 filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Harwinder Singh S/o Sh. Jaspal Singh shall be released on bail in connection with FIR No. 150/2020 of Police Station Ghamudwali, District Sriganganagar provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

In S.B. Criminal Misc. Appli No. 65/2021

9. On the oral prayer being made by the learned counsel for the petitioner, the interim bail application preferred on behalf of Shivjot Kaur @ Shibu is converted into regular bail application.

10. For the reasons mentioned above, the regular bail application of Shivjot Kaur @ Shibu W/o Sh. Harvindar Singh is allowed on the same bail bonds, which she has furnished in the interim bail application. She is on interim bail, therefore, she need not surrender.

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