KELO ALIAS KELI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for grant of regular bail in FIR No. 24 dated 19.03.2013 under sections 323, 304-B, 498-A, 34 IPC and Section 302 IPC added later, registered at Police Station Kalayat, District Kaithal. Counsel for the petitioner submits that two sons of the petitioner involved in the crime are in custody. It is further submitted that the petitioner, being a woman, is entitled to consideration for grant of bail even if the offence is punishable with death or life imprisonment. It is further argued that the petitioner is not to be kept in custody as a measure of punishment and object of bail is neither punitive nor preventive but generally to secure the appearance of the accused at the trial. It is further submitted that grant of bail is the rule and committal to jail an exception because refusal of bail is a restriction on personal liberty of individual guaranteed under Article 21 of the Constitution of India. In support of his contentions, he has relied upon 'Sanjay Chandra v. Central Bureau of Investigation, 2012 CrLJ 702 and 'State of Kerala v. Raneef, 2011 CrLJ 982.

(2.) I have heard Counsel for the petitioners and gone through the records.

(3.) A perusal of the FIR reveals that the case has been registered on the basis of statement of the deceased recorded by the Judicial Magistrate. As per the statement, the present petitioner, mother-in-law of the deceased, played an active role in setting her on fire and she succumbed to the injuries sustained in the occurrence.