SMT. DURGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Public Prosecutor.

(2.) It is contended by the learned counsel for the petitioner that even if a case for an offence punishable with death or imprisonment for life is alleged against the petitioner, she is entitled to be released on bail under the first proviso to ss. (1) of Sec. 437 Cr. P. C. as the petitioner is a woman of 20 years of age. It is also contended that the petitioner has a daughter of three years of age, who cannot be looked after in the absence of the petitioner. Reliance is placed on Smt. Rameshwari Devi Vs. State of Rajasthan : 1979 Cr. L. R, (Raj.) 601 and Mst. Madni Vs. The State of Rajasthan ; 1980 Cr. L. R. (Raj.) 499 .

(3.) Without expressing any opinion on the merits of the case and taking in view the fact that the petitioner is a woman of 20 years of age and is having a daughter of three years of age. I consider it just and proper to release the petitioner on bail provided she furnishes a personal band in the sum of Rs. 10,000.00 together with two sureties in the sum of Rs. 5,000.00 each to the satisfaction of Sessions Judge, Sikar, with stipulation to appear before that coupon all dates of hearing or whenever and where-ever she is called upon to do so. Sd/- N.M. Kasliwal, J. Petition accepted.