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Kamla Devi vs. State of Rajasthan & Anr. (SC)

46.00 4.60

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Code of Criminal Procedure, 1973–Sec. 439–Penal Code, 1860–Secs. 302, 201 & 120-B–Grant of bail–Appeal by the complainant against the order–Offence alleged against the respondent-accused is of grave nature–They attempted to clandestinely dispose of the dead body and, lathis used to attack him by throwing them in a well–Respondent K threatened the appellant after getting the bail and FIR was registered against him–Although the cause of death was cardiopulmonary arrest due to asphyxia and venous congestion yet the hyoid bone of deceased appeared to be fractured–Addl. Sessions Court had rejected the bail application on the ground of gravity of offence alleged–High Court did not take into account these facts–Impugned order of granting the bail deserves to be set aside.