1 s11 S.B.CRIMINAL MISC. INTERIM BAIL APPLICATION NO.6159/2009 Sahabram Vs. The State of Rajasthan DATE OF ORDER : 24th November 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.J.S.Khichi,for the petitioner. Mr.Mahipal Bishnoi,Public Prosecutor for State. .... BY THE COURT The petitioner is accused of offence under Section 302 IPC on the allegations pertaining to the killing of the wife and 1½ years old child of his brother. The petitioner made an application seeking temporary bail on the ground of ailment of his wife and the same was rejected by the learned Trial Court on 10.11.2009. Hence, the petitioner has moved this application for temporary bail to this Court with reference to the O.P.D. advice slip from the Government Hospital, Nohar dated 29.10.2009 wherein the doubts have been stated in relation to the uterine fibroids or tumour; and the patient has been advised to go to the higher centre (PBM Hospital, Bikaner). Though the learned counsel attempted to argue that the petitioner's wife is ill for last 3-4 months but a certificate placed on record allegedly issued by the Sarpanch, Gram Panchayat Kharsandi, Lalania, Nohar states that the wife of the petitioner 2 is ill for very many years and even states the so-called recommendation that the petitioner be granted bail for a month. Apart that the proposition of the Gram Panchayat making a recommendation to the Court whether to grant bail or not is seriously questionable, but leaving that aspect aside, the suggestion in the said certificate is of the petitioner's wife being ill for very many years ! The counsel for the petitioner submits that such contents of the certificate might be of some typographical error; but the submissions do not inspire confidence so as to make out a case for grant of temporary bail. The regular bail application moved by the petitioner (S.B. Criminal Misc. Bail Application No. 3940/2009) has been rejected by this Court on 05.11.2009. Looking to the gravity of the offence alleged and the totality of the circumstances, this Court does not feel persuaded to grant indulgence to the petitioner. Accordingly, this application for temporary bail moved on behalf of the petitioner Sahabram s/o Shyokaran under Section 439 Cr.P.C. stands rejected. (DINESH MAHESHWARI), J. s.soni