Kaila Sao @ Kailash Sao Vs. Gangadhar Sao - Court Judgment

Excerpt:
[r. k. merathia] indian penal code section 376 - punishment for rape -- it is submitted on behalf of the petitioners that there is no eye witness in this case and that petitioners are in jail only on the basis of suspicion and that they are in jail since 27.07.2010. 2. in the circumstances, i am not inclined to grant bail to the petitioners. accordingly, prayer for bail of the petitioners is rejected.1. it is submitted on behalf of the petitioners that there is no eye witness in this case and that petitioners are in jail only on the basis of suspicion and that they are in jail since 27.07.2010. on the other hand, state counsel pointed out that deceased had lodged a case against the petitioners under section 376 ipc and that there was land dispute also and that in paragraphs 7, 8 and 9 the eye witnesses- the children and husband of the deceased have specifically said that the petitioners along with others took the deceased forcibly from the house and then she was found dead after 2-3 days.2. in the circumstances, i am not inclined to grant bail to the petitioners. accordingly, prayer for bail of the petitioners is rejected.

Judgment:
1. It is submitted on behalf of the petitioners that there is no eye witness in this case and that petitioners are in jail only on the basis of suspicion and that they are in jail since 27.07.2010. On the other hand, State counsel pointed out that deceased had lodged a case against the petitioners under section 376 IPC and that there was land dispute also and that in paragraphs 7, 8 and 9 the eye witnesses- the children and husband of the deceased have specifically said that the petitioners along with others took the deceased forcibly from the house and then she was found dead after 2-3 days.

2. In the circumstances, I am not inclined to grant bail to the petitioners. Accordingly, prayer for bail of the petitioners is rejected.