KHAN, J. - (1.) BOTH these applications arise out of FIR No. 46/98 u/sec. 302 and 201 IPC, P. S. Datwas Distt. Tonk. BOTH are, therefore, disposed of by this common order.
(2.) SMT. Surta deceased was married with Basram S/o Nanda about 6 years back. Her Gona ceremony took place about 2 years back. It is alleged that she was treated with cruelty by her husband and his other relatives particularly SMT. Noorka, the mother in-law. On 25. 5. 98 Ram Karan, the father of the deceased has gone to bring her to his house but she was not sent with him on the ground that the groundnut crop was yet to be reaped. It is further alleged that after the return of Ram Karan from the village of the applicants, SMT. Surta was beaten and then taken to a doctor in a tractor but since she had died on the way to the hospital, she was brought back to the village and without informing the complainant of her death her dead body was disposed of by fire. Ram Karan came to know of the above fact about 8 days after the incident. He filed a complaint in the court of the Magistrate on 20. 6. 98. The complaint was forwarded to the police u/s 156 (3) Cr. P. C. for investigation and Crime No. 46/98 u/s 302 and 201 IPC was registered at P. S. Datwas against the present applicants and Basram, Sukpal, Badri (in S. B. Cr. Misc. Appl. No. 4132/99) and SMT. Noorka and Km. Dholi (applicants in S. B. Cr. Misc. Application No. 4139/99) are the grand-father, uncle, mother and sister of Basram respectively. I heard the learned counsel for the parties and perused the case-diary. A perusal of the case-diary discloses that the deceased, on her having been suffered from high fever, was taken to the Govt. Hospital at Jhilai where the doctor examined her and found her dead due to high fever caused by sun-stroke. The case of the applicants was that the deceased was first shown to Chandra Lal Vaid at Badgaon Anshadhalya who advised that she should be taken to the Hospital at Jhilai. It is gathered that at Jhilai the doctor was called from his house to the hospital and then he had examined the deceased and opined as stated above. In the course of investigation the police made enquires from the doctor who, by his letter dated 8. 1. 99 addressed to Addl. S. P. Tonk, reported as stated above. The investigating officer appears to have proposed to submit a negative report in the matter but the investigation was changed at that point of time and now the case is being investigated on the lines of offences u/ss. 498-A and 304-B IPC. Prima-facie, it is seen that the F. I. R. was lodged as late as about a month after the death of the deceased, through the complainant had come to know of the death of the deceased much earlier and that no averments regarding demand for dowry were made therein. Looking to the facts and circumstances of the case it is directed, in the event of their arrest, applicants Sukhpal and Badri (accused applicants in S. B. Cr. Misc. Bail Application No. 4132/99), Mst. Dholi and Mst. Noorka (accused applicants in S. B. Cr. Misc. Bail Application No. 4139), all accused in FIR No. 46/98, P. S. Datwas, Distt. Tonk, shall be released on bail on their furnishing two sureties in the amount of Rs. 5000/-each with personal bond (s) in the amount of Rs. 10,000/-to the satisfaction of the Officer arresting them and shall observe the following conditions: (i) that the applicants shall make themselves available for interrogation by a Police Officer as and when required; (ii) that the applicants shall not, directly or indirectly, make and 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; (iii) that the applicants shall not leave India without the previous permission of the court. This order shall remain in force till the expiry of one month after the submission of the charge sheet, if any against them, during the meanwhile the applicants may appear before the court concerned and pray for regular bail there. . ;