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2022 Supreme(J&K) 375

MOHAN LAL
Romesh Chander – Appellant
Versus
Union Territory of Jammu & Kashmir – Respondent


Advocates Appeared:
For the Petitioner: Muzaffar Iqbal Khan.
For the Respondent: Amit Gupta.

JUDGMENT :

1. Petitioners/accused in terms of section 439 Cr.P.C. have sought the indulgence of this court for their enlargement on bail in F.I.R. No. 11/2021 of Police Station Gharota Jammu for commission of offence u/s 304-B, IPC. It is averred, that the petitioners are citizens of India and permanent residents of village Sarote in U.T. of J&K, and as presently are lodged in District Jail Jammu, as such, they are entitled to the protection of fundamental rights guaranteed under Article 19 & 21 of the Constitution of India; that applicant No. 2 is the real brother of applicant No. 1 is also married and out of which three issues were born, the eldest boy is 11 years old and two daughters ageing between 9 to 10 years; that on 14.01.2018 for reasons not known to anyone, wife of applicant No. 1 namely Sushma Devi committed suicide by hanging herself with ceiling fan, police concerned initiated an inquest proceedings immediately and conducted the post-mortem, the inquest proceeding continued until 06.02.2021 when F.I.R. for commission of offence u/s 304-B, IPC was lodged against both the applicants who are real brothers and one sister namely Mulkhi Devi, and consequently, all three were

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