CHOKI Vs. STATE

JUDGEMENT

(1.) THIS is an application for grant of bail on behalf of Mt. Chokhi against whom a case under Section 302 read with Section 34. Penal Code is going on in the Court of Sessions Judge at Jhunjhunu.

(2.) MT. Chokhi and her husband Chunna have been prosecuted for the murder of their child aged about seven years named Manbhari and the trial has already begun in the Court of the Sessions Judge. Five prosecution witnesses have been examined who are said to be eye witnesses. It is stated that both Mt. Chokhi and her husband conspired to murder their child in order to implicate Gangaram and others who are said to be on inimical terms with them. An application for grant of bail was made on behalf of Mt. Chokhi in the court of Sessions Judge who dismissed it on two grounds: 1. that there were no extenuating circumstances in the case. 2. that under the Constitution of India no leniency could be shown to a woman on account of her sex,

(3.) THIS application has now been filed under Section 498, Criminal P. C, for grant of bail. It is urged on behalf of the petitioner that she is a woman and she has got a young son who is not in jail and there is nobody to look after him. The trial of the case is likely to take very long and the conduct of the case and the cultivation of the petitioner would suffer if she is not released on bail. It is further urged that the learned Sessions Judge was wrong in interpreting the provisions of the constitution of India in the way in which he did.