SMT. GOMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is second bail application filed on behalf of the accused petitioner, whose earlier bail was rejected by this Court vide order dated 9th March, 1998, wherein it was observed that the petitioner shall be at liberty to file a fresh bail petition after the chalian is filed or histopathological report is received.

(2.) The police, after completion of investigation, has now filed a challan against petitioner Smt. Goma and his son Babu Lal under Sections 302, 328 and 498-A/34 IPC. It is alleged that co-accused, Babu Lal along with petitioner-Smt. Goma first belaboured Smt. Nathi, wife of Babu Lal, aged 26 years and thereafter, forcibly administered Alderin, which resulted in her death. The case was registered on the dying declaration of Smt. Nathi. The Doctor who conducted the medical autopsy found a bruise 1cm x 1/2cm on right eye lid in lateral leaf: abrasion 1/2cm x 1/2cm or. right lateral side of nose and another abrasion 3 cm x 1/4cm on the dorsume of the right elbow of the deceased. The doctor reserved his opinion regarding cause of death awaiting the histopathological report in respect of various vicaras of dead body of Smt. Nathi, which were sent for histopathological examination. The said report has not been received as yet.

(3.) On merits, I do not find value and substantial ground to release the petitioner on bail, but Mr. Naqvi, learned counsel for petitioner has strenuously canvassed that Smt. Goma is an old lady, aged about 60 years. In respect of this, he has filed the photo state copy of Ration Card and copy of Electoral Roll of Assembly Constituency, Jamva Ramgarh of the year 1998, wherein the age of Smt. Goma has been mentioned as 65 and 68 years respectively. Since Smt. Goma is an old lady and is under detention since 12.01.1998 and the trial of the case is yet to be commenced, which will take considerable time, I feel that on the ground that she is an old woman, it will be just and proper to grant her bail.