Bhartendu Sarda and Others vs State of Rajasthan

Dalip Singh, J.—Heard learned Counsel for the petitioners, learned Counsel for the complainant and the learned Public Prosecutor.

During the pendency of this petition before this Court several rounds to bring conciliation between the parties took place and with a view to facilitate the same, this Court has granted interim bail to the petitioners. Though, the efforts did not meet with full success but at the same time it cannot be ruled out that there is still a possibility that the parties may reconcile.

Learned Counsel for the petitioners however, offered that the petitioner No. 1 husband is willing to fulfil his obligation towards his wife and child by living separately by offering maintenance amount of Rs. 10,000 for the wife and Rs. 5,000 for the child per month.

Learned Counsel for the complainant as against this offer has submitted that the petition u/s 125, Cr. P.C. is still pending before the Family Court and this amount may be made subject to any order that may be passed in that petition.

In the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant the benefit of Section 438, Cr. P.C. to the accused petitioners. The petitioner No. 1 shall pay by the 15th of every month commencing from today i.e. 15.5.2007, an amount of Rs. 15,000 as stated above towards the maintenance for the wife and the child which shall of course be subject to the determination by the competent Court in the proceeding under ,Section 125, Cr. P.C. which is pending before the Family Court.

Learned Counsel for the complainant shall inform the learned Counsel for the petitioners the account number and the Bank (Branch) in which the aforesaid amount is to be deposited.

Accordingly, the bail application u/s 438, Cr.P.C. is allowed. The concerned S.H.O. is directed that in the event of the arrest of accused petitioners (1) Bhartendu Sarda son of Shri Krishna Sarda; (2) Shri Krishna Sarda son of Shri Mali Ram Sarda; and (3) Smt. Gopi Devi Sarda wife of Shri Krishna Sarda, in connection with FIR No. 35/2006 Police Station Mahila Thana (North), Jaipur City, Jaipur, they shall be released on bail on furnishing a personal bond in the sum of Rs. 20,000 each and two sureties in the sum of Rs. 10,000 each to his satisfaction on the following conditions:

(i) They shall make themselves available for interrogation by the Investigating Officer as and when required;

(ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Investigating Officer;

(iii) They shall not leave India without the previous permission of the Court;

(iv) They shall not commit similar offence.

(v) In case the petitioner commits a default in the payment of the amount, as ordered above for the wife and child, the complainant shall be free to seek cancellation of this order.