NIRMALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT . Nirmala has prayed for bail in this case registered vide F.I.R. No. 64 dated April 19, 1988 at Police Station Sampla, District Rohtak, under section 302/34, Indian Penal Code. As per prosecution allegations, Smt. Nirmala and her husband Raj Singh caused injuries with "Pharsas" to the deceased. Bail application has been pressed on the ground that Smt. Nirmala is a woman having three children; one of them is accompanying her in the jail being infant and two are in the house. At this stage it is difficult to state as to specific injuries which caused the death; whether the same were caused by Smt. Nirmala or her husband. However, section 34, Indian Penal Code, is attracted to case in hand. Smt. Nirmala being a woman deserves bail in view of section 437 of the Code of Criminal Procedure. Keeping into consideration that Nirmala is having an-infant child who is also in jail she is ordered to be released on bail to the satisfaction of the Chief Judicial Magistrate, Rohtak, pending trial.