HARLAL Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1988-10-7
HIGH COURT OF RAJASTHAN
Decided on October 31,1988

HARLAL Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

KAPUR, J. - (1.) ONE Sumitra, a pregnant woman and her two children aged 5 years and 2 years were found in the well in Village Alakhpura Bogan on 6. 10. 87, at night. They were taken out by the family members and the villagers and cremated at that very time.
(2.) THE petitioners are the husband and in-laws of Sumitra. THE prosecution case is that Sumitra was ill-treated by the family members and after severe beating, she was thrown into the well alongwith her children. THE prosecution has also changed hands because the complainant, who is the brother of the deceased made efforts to get the investigation changed in the right hand. I have heard the learned counsel for the petitioners as well as the complainant, at length. At this stage, when the investigation is pending, it would not be proper to discuss the merits of the case. because that is likely to reflect upon the investigation. The incident is over a year old and on account of the conditions imposed by the court, the petitioners have already been interrogated by the Investigating Agency. Looking to the fact that it is not only the woman who has drowned but two children also have met the same fate, the case can be said to be one which requires very detail and competent investigation and when the same is not completed, it cannot be said to be the case where petitioners should be denied the right of anticipatory bail. They can be bound down by suitable conditions so that the investigation is not hampered. The S. H. O. /arresting Officer, Investigating Officer, Police Station Nechwa in F. I. R. No. 45/88 is, therefore, directed that in the event of arrest of petitioners they be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 5,000/- (Rupees five thousand) with one surety each in the like amount to his satisfaction, on the following conditions : (a) that the petitioners shall make themselves available for interrogation by a police officer as and when required; (b) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and (c) that the petitioners shall not leave India without the previous permission of the Court. .;


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