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1998 DIGILAW 1171 (RAJ)

Mathura v. State of Rajasthan

1998-11-09

B.J.SHETHNA

body1998
Honble SHETHNA, J.–Relying upon the judgment delivered by me on 15.9.1998 in S.B. Criminal Bail Petition No.2543/98, it was submitted by learned counsel for the petitioner that she may also, be released on bail because alongwith her three years daughter has to remain in jail. It is true that in that petition I have granted bail, but the facts were totally different. It was a case where the dispute took place between the deceased and the accused persons regarding land which resulted into the death of the Balvir Singh. There were three accused alongwith the lady accused and all of them alleged to have taken part in assaulting the deceased with weapons. Considering the peculiar facts and circumstances of that case, bail was granted to that lady accused. (2). However, in this case, allegation against the lady accused is that she alleged to have killed her own husband and not only that his dead body was buried under the ground. Thus, such type of accused presons though lady is not entitled for bail when she is facing serious charge of murder under Section 302 IPC. It is true that her minor daughter aged three has to stay with her in jail but that is not the ground to release the accused on bail, who alleged to have mercilessly beaten and killed her own husband. Hence, this application for bail is rejected.