BIMLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition can be disposed of at the motion stage.

(2.) HEARD . The petitioner, who is a mother of two infant children (one of whom is stated to be a suckling babe) is accused of offence under Sections 302/34, Indian Penal Code, having helped her husband Zile Singh and the latter's brother Kehri in committing two murders of a widow Bharpai and her daugher Meen. She is accused of having taken an active part in firstly taking Meen to the house and then helping in keeping the victim's person on the frame of charpai with the aid of Kehri, when Zile Singh is alleged to have kept a stick on the neck of Meen, as a result of which she collapsed. The husband of the petitioner as also his brother have also been arrested for the crime. Proviso to Section 437 of the Code of Criminal Procedure permits distinction in favour of women even if there appears to be a reasonable ground for believing that they have been guilty of an offence punishable with death or imprisonment for life. Having regard to the fact that the petitioner is a young mother and her husband stands incarcerated for the crime as an under- trial, it would be apporpriate, at least in the interest of her young children, to release her on bail pending trial. Bail to the satisfaction of Cief Judicial Magistrate, Hissar. Bail granted.