LAHARI BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the Petitioner accused.

(2.) Learned counsel submitted that the petitioner accused is an aged lady of about 75 years. She is not keeping good health. Now, the challan is filed and, therefore, she should be released on bail because the offence for which she is charged is punishable for ten years' imprisonment.

(3.) It is true that she is charged for an offence punishable under Sec. 306/498A, IPC and Sec. 306, IPC is punishable for ten years' imprisonment. It is also true that she is an aged lady of 75 and because of that she may not be keeping good health. It may be that her name might not have been disclosed initially in the First Information Report but on investigation, prima facie, it is borne out from the statements of the witnesses recorded by the Inspecting Officer that the deceased had to commit suicide within six years of her married life only because she was tortured by her husband and by her mother-in-law because she was not able to deliver any child. Mother-in-law is in place of mother but the craze of becoming grand-mother and not getting a grandchild leads to this situation where a young lady had to commit suicide by jumping into well. Bail can be granted even in murder cases provided a good case is made out. Of course, the punishment is only ten years for an offence under Sec. 306, IPC. It is not even punishable with life imprisonment but, this type of offence are against the society. It is not that one individual offence is committed. If the Courts take liberal view in such matters then it will definitely encourage other such persons. Therefore, I am of the view that the learned Judge has rightly rejected the bail application of the petitioner accused filed after filing of the challan.