MST. SUNDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is second bail application by the petitioner, who is a woman aged about 19 -20 years. The deceased in this case, Mst. Sushila, was the wife of the petitioner's brother. She died due to burns. The only eye -witness is the petitioner, who has stated that the petitioner's father poured diesel over Sushila and petitioner had lighted her by a match stick.

(2.) THE first bail application was dismissed as not present and second one has been moved after the presentation of the challan. The main ground on which the bail application is pressed is that the petitioner is a young woman and under Section 437, Cr.P.C. there is provision for taking a sympathetic view for the release of a woman on bail. The petitioner was arrested on 28th July, 1989 and since then the is in custody. She has remained in custody for over 4 -1/2 months. At present it can be said that the petitioner can be released on bail only for the reason that she is a woman of young age.