MANJULA SHARMA Vs. STATE

JUDGEMENT

(1.) The petitioner is said to be the Principal of the B.Ed.College situated in the campus of Indira Gandhi Balika Nikctan Mahavidhyalaya, Ardawata in District Jhunjhunu. The petitioner has raised the grievance that she has been caught involved in a criminal case under Sec. 302 and 201 Indian Penal Code and she was forced to cooperate with the real accused persons namely: Butiram, Udhmiram and Richpal who had brought the deceased Arvind on 9.7.92 while dragging him to her quarter situated in the campus of the aforesaid institution. Then they caught hold of his 2 years son who was made upside down in the air. She acted at their commands under the threat of her son being killed by them in case ..............she their acts. The aforesaid person Arvind was killed and she somehow or the other escaped on the night of 13.7.92 and according to Mr. K.K. Mahrish she made a call to the S.P. Jhunjhunu from Sikar and sent the written report to SP Jhunjhunu from Jaipur under postal certificate on the very day, thereafter, then she went to Delhi and filed a petition u/A 32 of the Constitution of India before the Supreme Court. Mr. K.K. Mehrish submits that the Supreme Court passed an order dated 29.7.92 directing that she may surrender before the Additional and Session Judge, Patiala House, Delhi, the Addl. Sessions Judge, Patiala upon her surrendered application passed an order dated 31.7.92 with reference to Sec. 81 Part-II of the Criminal Procedure Code. and she was directed to be produced before the Chief Judicial Magistrate, Jhunjhunu. On the next date she was remanded to the police custody and then she was sent to the judicial custody and since 12.8.92 she is in judicial custody. The present bail application under Sec. 439, Criminal Procedure Code. was filed on 27.8.92 after the rejection of her bail application on 22.8.92 by the Sessions Judge, Jhunjhunu. Mr. K.K.Mehrish has submitted that the investigation in this case was completed and the challan has already been filed against the present petitioner and the three accused persons namely: Butiram, Udhamiram and Richpal who are also in the judicial custody. The challan is said to have been filed on 23.10.92. Mr. Gaffar submits that he has gone through the challan papers. Mr. Gaffar has further submitted that she (petitioner) is involved in this offence, the dead body was recovered from her house. Mr. K.K. Mehrish has submitted that the story in this case is revealing and in fact the petitioner herself is a victim and the circumstances in which the body of the deceased has been recovered from the petitioners quarter in the aforesaid institution stand fully explained and he has further submitted that she is an educated lady and she is wife of Major who is in the service of Indian Army and she has remained in Jail with her 21/2 years old child who is also in the jail with his mother. In these circumstances, she is entitled to the benefit of proviso under Sec. 437, Code Criminal Procedure and further that she has already suffered the jail for a period of about 31/2 months.

(2.) Having heard the learned counsel for both the sides and having perused the record, in the facts and circumstances of the case, without expressing any opinion on the merits of the case either way, I am of the opinion that the petitioner being a lady and being in the jail for a period of nearly 31/2 months with a minor child of 21/2 year's age, is entitled to the benefit of proviso under Sec. 437, Code Criminal Procedure and, I am therefore, inclined to accept this bail application of the petitioner under Sec. 439, Criminal Procedure Code.

(3.) It is, therefore, ordered that accused petitioner Dr. Manjula Sharma wife of Major Arjun Singh Bundaniya shall be released on bail provided she furnishes a personal bond in the sum of Rs,20,000.00 (Twenty Thousand) with two sureties of Rs.10,000.00 (Ten Thousand) each to the satisfaction of the trial court with the stipulation to appear in that court as and when called upon to do so during the pendency of the trial against her in this case.