KALAWATI Vs. STATE

JUDGEMENT

(1.) As a result of a Government appeal under Section 417, Cr. P. G., Srimati Kalawati has been convicted by this Court under Section 302, read with Section 114, I. P. C., and sentenced to transportation for life. Her application for a certificate of fitness for appeal to the Hon'ble the Supreme Court has been granted by me. This order refers to the application which she has filed for being granted bail to enable her to present an appeal to the Supreme Court.

(2.) The relevant provision of the Code is Section 426 (2B), which reads as follows:

(3.) There are other grounds too for not accepting the interpretation put by the learned counsel for the petitioner on the provisions of Section 426 (2B) of the Code. It requires that before granting bail the High Court should be 'satisfied' that the convicted person has been granted special leave to appeal to the Supreme Court. If the provision also applied to the case of certificate, no question of the High Court being 'satisfied' could arise for the certificate was granted by the High Court itself. On the other hand, the question of satisfaction would arise if the order in question were passed by another Court, in the present case the order granting special leave passed by the Supreme Court.