Pappudi vs State Of Rajasthan
2022 Latest Caselaw 11940 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12250/2022

Pappudi W/o Prema Ram, Aged About 55 Years, Lalawas, P.s. Khinvsar Dist. Nagaur. (At Present Lodged In Dist. Jail, Nagaur).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. Mukesh Trivedi, P.P

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

Order Reserved on : 19/09/2022 Date of pronouncement: 28/09/2022

The petitioner has been arrested in connection with FIR No.

130/2022 of Police Station Khinvsar, District Nagaur for the

offence punishable under Sections 498-A, 304-B, 201 IPC. She

has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that the present petitioner

is the mother-in-law of the deceased and no specific averment has

been made against her. As many as five witnesses have alleged

omnibus allegation of demand of dowry but the police has filed

challan against the co-accused Rakesh and present petitioner only.

Learned counsel submits that according to the postmortem report,

some injuries are found on the body of deceased but they were

sustained when the deceased fell down. In these circumstances,

bail may be granted to the petitioner.

(2 of 2) [CRLMB-12250/2022]

Learned Public Prosecutor vehemently opposed the bail

application.

Heard and considered arguments advanced by learned

counsel for the petitioner and learned Public Prosecutor. Perused

the material available on record.

Since the recovered contraband is commercial quantity, this

Court is not inclined to grant bail to the petitioner at this stage. So

far as the judgment cited by counsel for the petitioner in the case

of Netram (supra) is concerned, the same will be considered after

examination of the Recovery officer in Court. Accordingly, the bail

application is rejected. However, liberty is granted to the petitioner

to file fresh bail application after recording the statement of

Recovery officer. The trial court is directed to record the statement

of Recovery officer as early as possible.

(MANOJ KUMAR GARG),J 210-BJSH/-

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