S.B.CR. MISC. BAIL APPLICATION NO.7651/2008 MADAN LAL SAINI VS. STATE OF RAJ. 21.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Mitesh Sharma, for the petitioner. Mr. RP Kuldeep,Public Prosecutor for the State. This order governs the disposal of bail application filed by Shri Mitesh Sharma, Advocate on behalf of the applicant Madanlal Saini pertaining to F.I.R.No.58/2008 of Police Station Sadar, District Bundi in the offence under Section 306 of IPC. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. Learned counsel for the petitioner has contended that he has been falsely implicated in this case, he is innocent. He never abetted his wife Smt. Devchandi Bai to commit suicide. In fact, his wife died of Sting-bite by some poisonous insect. Neither, there is any evidence available on record with regard to administering poison to the deceased nor any poison was administered by the petitioner, hence, he deserves to be released on bail. The learned Public Prosecutor has opposed the bail petition on the ground that albeit the FSL report has yet not been received, yet there is ample evidence on record to show that Devchandi Bai was died of administering poison. There is also evidence on record about scuffle usually having taken place between the two and with regard to demand for dowry made by the petitioner from time to time which ultimately instigated Dev Chandi Bai to commit suicide. The case is still pending investigation and the FSL report has yet not been received by the Police. Hence, without expressing any opinion on the -2- merits but looking to the facts and circumstances of the case, I do not feel inclined to grant bail to the accused petitioner. In the result, the bail petition filed on behalf of the accused petitioner under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI)J. PCG