SANJIDA BEGAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 438 Cr.P.C. in connection with FIR No. 405/2023 registered at Police Station Ramganj District Jaipur City (North) for the offence(s) under Ss. 498-A and 308 of I.P.C., which was subsequently changed to Ss. 498-A, 406 and 306 of I.P.C.

(2.) Learned Counsel for the petitioner submits that the petitioner is an old lady aged about 58 years with no criminal antecedents who has been wrongly implicated in the present matter. It is submitted that the main accused Imran (husband of the deceased) has been enlarged on regular bail vide order dtd. 6/11/2023 in S.B. Criminal Miscellaneous Bail Application No. 12997/2023 and the case of the present applicant is on a better footing than that of the co- accused Imran as the present applicant is the mother in law of the deceased. It is further submitted that the applicant is an old lady not in good health as she is suffering from the disease of obesity and other connected ailments. Without prejudice to their other arguments, learned Counsels for the applicant submits that since investigation in the matter is complete and charge-sheet has been filed, incarceration of the applicants till conclusion of trial, which is likely to take long, is not required.

(3.) Per contra, learned Counsel for the complainant and learned Public Prosecutor have vehemently opposed the present bail application. It is submitted that the co-accused Imran was enlarged on regular bail and not anticipatory bail and therefore the present applicant cant seek anticipatory bail on grounds of parity. Reliance is placed on statements of the children of the deceased recorded on 26/8/2023 and 12/10/2023 to submit that the present applicant played an active role in the commission of the offence, as alleged.