MONICA SHARMA Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 439 read with Section 482, Cr.P.C. for grant of bail to the petitioner in case RR No. 313/2002, under Sections 498A, 302, 34, IPC, P.S. Shahdara, Delhi.

(2.) Petitioner's first application for bail was declined vide detail order dated 21.8.2002 passed by this Court. Learned Counsel submits that there is a change in the circumstances during the last one year inasmuch as chemical examination report has now been received. It is submitted that as per the CFSL report, the Exhibits 1 and, 2 on the analysis (one cream coloured brassier and one light blue coloured cioth piece of suit Ex.2 scalp hair of the deceased) did not give any positive test of kerosene oil.

(3.) Learned Counsel argued that CFSL report belies the statement of the younger sister, Kumari Neeta who claims to be an eye-witness of the occurrence; that this report also belies the second dying declaration before the SDM and supports the earlier dying declaration to the effect that she had received burn injuries because of the boiling of milk. Learned Counsel further submits that the petitioner is in custody for the last 2 years; out of the 25 witnesses cited by the prosection, only 2-3 witnesses have so far been examined, and therefore, the trial would take a long time. Learned Counsel submits that the petitioner is the married sister-in-law of the deceased and she was living separately with her two minor children; all other family members of petitioner are in custody, therefore, at least she be granted bail or interim bail to look-after her family.