Laxmi Devi v. State of Rajasthan

26.5.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Brahmanand Sandu - for the petitioner Mr Peeyush Kumar - Public Prosecutor BY THE COURT: It is stated that earlier co-accused has been granted bail under section 438 CrPC by the coordinate Bench. He submits that cognizance for the offence under section 304-B IPC alternatively under section 306 IPC was taken. She has been called through warrant of arrest on the first occasion itself after lapse of many years. Thus petitioner may be granted bail under section 438 CrPC. Learned PP, on the other hand, has opposed the bail application. After considering rival submissions of learned counsel for the parties and taking into consideration all the facts 2 and circumstances of the case, without making any comment on merits of the case which may otherwise affect outcome of the trial, I am not inclined to grant bail to the petitioner. Hence the bail application is dismissed. However, petitioner would be at liberty to surrender before the court of ADJ No.2, Sikar on the next date, which is informed to be 11.6.2010. On surrender, if she files an application for bail then the court below may consider and decide the same expeditiously and, if possible, on the same day. bnsharma (MN BHANDARI), J.