S.B.CR. MISC. IIND BAIL APPLICATION NO.8289/2008 SMT. KAMLA LAKHANI VS. STATE OF RAJ. 14.11.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Mahesh Gupta, for the petitioner. Mr. BS Chhaba,Public Prosecutor for the State. This order governs the disposal of second bail application filed by Shri Mahesh Gupta, Advocate on behalf of the applicant Smt. Kamla Lakhani pertaining to F.I.R. No. 122/2008 of Police Station Bhatta Basti, District Jaipur in the offences under Sections 304-B and 498-A of IPC. Heard the submissions made by the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. Learned counsel for the petitioner has submitted that first bail petition was dismissed as withdrawn, not on merits. While drawing my attention to the statements of the witnesses examined by the trial Court, he has further contended that all the ten witnesses examined so far by the trial Court have turned hostile and they have not supported the prosecution case. There is not even a shred of evidence available on record which may lead the Court to infer that it was a case of dowry death and the accused petitioner in any way caused death of Smt.Meena. Hence, under these circumstances, the petitioner deserves to be released on bail. The learned Public Prosecutor has opposed the bail petition mainly on the ground that the compromise had taken place between the parties and that is the reason, all the witnesses have not supported the prosecution case, but PW/1 Ajay who happens to be the brother of the deceased, albeit has turned hostile, stated in the examination-in-chief that there were some differences between the deceased and her in-laws which evinces that the death of Smt. Meena was caused by the accused persons and under these circumstances, the bail petition of the petitioner may be dismissed. Having reflected over the submissions made by both the parties and scanned the statements of all 10 prosecution witnesses examined so far by the trial Court, it is noticed that PW/1 Ajay, PW/2 Vijay Chandwani who happen to be the brothers of the deceased, PW/3 Nanak Ram, the father ; PW/4 Smt. Sunita, the mother of the deceased, PW/5 Manoj the friend of PW/2 Vijay, and other witnesses PW/6 Rashida, PW/7 Gopi Devi, PW/8 Brahmanand and PW/9 Meghraj the neighbours of the deceased have not supported the prosecution case and they have turned hostile. The case is still pending trial. The learned counsel for the petitioner has submitted that in all 22 witnesses are to be examined by the trial court and the examination of rest of 12 witnesses shall take time. Hence, having considered the rival submissions of both the parties, but without expressing any opinion on the merits of the case, I, in the facts and circumstances of the case, do feel inclined to grant bail to the accused petitioner. It is, therefore, ordered that the accused petitioner Smt. Kamla Lakhani W/o Shri Jethanand, by caste Hindu, R/o House No.4-Gha-5, Housing Borad, Shastri Nagar, Jaipur, in FIR No.122/2008, Police Station Bhatta Basti, District Jaipur, shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand) together with two surety bonds each of Rs.25,000/- to the satisfaction of the learned trial Court with the stipulation that she shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. PCG