1. Grant of concession of bail in favour of the petitioner has been declined by the trial Court as a result thereof instant petition under Section 498 Cr.P.C. Objections in detail stand filed by the respondents. 2. In connection with case registered as F.I.R No. 106 of 2010 dated 25th of April’ 2010 at police station, Domana, three accused including the petitioner were arrested for having committed offences punishable under Sections 302 and 498-A of Ranbir Penal Code (hereinafter referred to as R.P.C). Trial as against the accused is in progress. 3. Basically, one of the accused Raj Kumar was married to deceased Sunita. Said Raj Kumar, his mother Raj Rani and sister Girija allegedly were subjecting said Sunita (deceased) to harassment and were coercing her to get dowry. Having failed to meet the demands, is alleged to have been subjected to such ill treatment, wherein accused Raj Rani, mother-in-law, is said to have sprinkled kerosene oil upon Sunita (deceased), whereas Girija is said to have lit the match stick and set her on fire, as a result thereof, deceased is alleged to have succumbed to burn injuries. 4. Bail application on behalf of two accused i.e., Raj Rani and Girija has been disposed of by the learned trial Court on 17th of August’ 2010. Keeping in view the age factor i.e., accused Raj Rani being 82 years of age and suffering from Various ailments has been admitted to bail and at the same time grant of bail in favour of Girija Koul, petitioner herein, has been declined. 5. Learned counsel for the petitioner contends that petitioner-accused is 40 years old and has been married just one year back. Immediately after few months of her marriage, she has been arrested in connection with this case. At the time of occurrence Girija was neither in her parental house nor has she committed any offence. Her implication in the commission of offence is outcome of vengeance. Her indefinite incarceration will have far reaching adverse effects. Her recently tied nuptial knot is likely to get untied. Her of-late marriage has also its own effects, there is every apprehension for her to loose the chance of becoming a mother. Her implication in the commission of offence is outcome of vengeance. Her indefinite incarceration will have far reaching adverse effects. Her recently tied nuptial knot is likely to get untied. Her of-late marriage has also its own effects, there is every apprehension for her to loose the chance of becoming a mother. Further added that after the date of rejection of her bail plea by the trial Court, statements of two prosecution witnesses have been recorded, the certified copies of those two statements would clearly indicate as to what type of involvement the petitioner has. It is further added that the deceased in fact was suffering from mental disease. She had developed behavioral change. Her aggressive behaviour and Physiological instability can be the cause of death by self immolation. In support of this submission, various prescriptions have been placed on record. Learned counsel for the respondent in opposition to the contentions of the learned counsel for the petitioner, emphatically projected that a young girl has been made to lose her life. The offence committed is an offence against the society. When a woman will be as cruel against a woman, her womankind becomes a challenge to the society. The petitioner-accused has been ruthless while lighting the match stick on the kerosene oil doused body of the deceased. Considered the rival submissions. 6. Grant of concession of bail is absolutely within the discretion of the Court. Such discretion is not unfettered, the Court has to balance the impact of grant or otherwise of the bail. While doing so has to keep in view host of circumstances i.e., the heinousness of the crime, society coupled with the position of law and presumption of innocence. The cardinal principle of criminal jurisprudence is that the accused is presumed to be innocent until guilt is brought home. The said principle is directly linked with the object of Article 21 of the Constitution where under curtailment of liberty is impermissible except for just reasons. 7. When the commission of offence is such which carries capital punishment the normal rule vis-a-vis bail has to be in negative, but for exceptions. In terms of the Proviso No.1 to Sub Section 1 of Section 497 Cr.P.C when accused is under age of 16 years, a woman or any sick or infirm person, such persons are to be released on bail. In terms of the Proviso No.1 to Sub Section 1 of Section 497 Cr.P.C when accused is under age of 16 years, a woman or any sick or infirm person, such persons are to be released on bail. It shall be quite relevant to quote section 497(1) and its proviso 1st of Cr.P.C herein:- "When any person accused of 4[or suspected of the commission of] any non-bailable offence is arrested or detained without warrant by an officer-in-charge of a police station, or appears or is brought before a Court, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment of life. Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail." 8. Though the grant of bail ordinarily for an offence carrying punishment of death or life imprisonment is impermissible until extenuating circumstances appear from the records about non commission of offence. But this general rule vis-a-vis such offence is controlled by the Proviso which extends sort of leniency and relaxation vis-a-vis category of persons as mentioned in the Proviso above referred. 9. The petitioner admittedly being a woman, additionally has been married just few months prior to the date of occurrence has a distinct position i.e., on one hand she being a woman and on the other hand her late marriage coupled with her indefinite incarceration may give rise to losing a chance of her becoming a mother and also a chance of disturbances to her marital ties. No doubt, the alleged act attributed to her is horrifying and it is not expected of a woman to be so ruthless against a woman and such act cannot be expected from woman known for possessing the heart of a mother. But the position as yet has to undergo the judicial scrutiny. The defense projected is that the deceased allegedly was suffering from mental ailment, so was on treatment. The medical prescriptions as annexed with the application indicating that the deceased had developed changes of being aggressive in behaviour, it is only during trial such position can be made clear. 10. But the position as yet has to undergo the judicial scrutiny. The defense projected is that the deceased allegedly was suffering from mental ailment, so was on treatment. The medical prescriptions as annexed with the application indicating that the deceased had developed changes of being aggressive in behaviour, it is only during trial such position can be made clear. 10. However, it shall be relevant to mention that after the rejection of the bail petition of the petitioner, the change which has occurred is that the statement of two prosecution witnesses namely Smt. Kusum and Smt. Rekha Devi have been recorded. So, those two statements are also to be taken note of. The position of the deceased suffering from some mental ailment is stated therein and it is also deposed by the said two prosecution witnesses that they being neighbours fully know that the mental condition of the deceased was not good. In a fit of anger she used to catch hold of her husband. 11. Learned trial Court has extended the concession of bail in favour of Raj Rani on three counts. First that she is a woman, second she is of 82 years of age and third the Proviso to Section 497-A Cr.P.C leaves scope for grant of bail even in cases which carries capital punishment in case of woman. 12. The petitioner has also a similar position, i.e., she is a woman, additionally she has been married just few months prior to the occurrence, her late marriage, then future prospects and the circumstances detailed hereinabove. More particularly, the Proviso to Sub Section 1 of Section 497-A of CR.P.C. The legislature in its wisdom, with some objective has shown concern vis-a-vis persons as mentioned in the Proviso which include woman. 13. Grant of bail is a concession which has to remain in operation until trial is concluded or until during the course of trial any such circumstances arises which would warrant recall of concession, so in any case has not to have any adverse impact on the trial of the case. 14. Dying declaration, no doubt, is of great essence, but the same has to undergo the scrutiny relatable to the mental state of the deceased, then the position and the circumstances where under such declaration is made and same has to be viewed in totality of the circumstances and the evidence as shall be brought on record. 14. Dying declaration, no doubt, is of great essence, but the same has to undergo the scrutiny relatable to the mental state of the deceased, then the position and the circumstances where under such declaration is made and same has to be viewed in totality of the circumstances and the evidence as shall be brought on record. 15. In the judgment rendered by Apex Court in Uka Ram v. State of Rajasthan reported in AIR 2001 SC 1814 , it has been held as under: - "6. ..... The admissibility of the dying declaration rests upon the principle that a sense of impending death produces in a man’s mind the same feeling as that of a conscientious and virtuous man under oath-- Nemo moriturus praesumuntur mentiri. Such statements are admitted upon consideration that their declarations made in extremity, when the maker is at the point of death and when every hope of this world is gone, when every motive to falsehood is silenced and the mind induced by the most powerful consideration to speak the truth. The principle on which the dying declarations are admitted in evidence, is based upon the legal maxim "Nemo moriturus prae-sumitur mentire" i.e, a man will not meet his maker with a lie in his mouth. It has always to be kept in mind that though a dying declaration is entitled to great weight, yet it is worthwhile to note that as the maker of the statement is not subjected to cross-examination, it is essential for the Court to insist that dying declaration should be of such nature as to inspire full confidence of the Court in its correctness. The Court is obliged to rule out the possibility of the statement being the result of either tutoring, prompting or vindictive or produce or imagination. Before relying upon a dying declaration, the Court should be satisfied that the deceased was in a fit State of mind to make the statement. Once the Court is satisfied that the dying declaration was true, voluntary and not influenced by any extraneous consideration, it can abase its conviction without any further corroboration as rule requiring corroboration is not a rule of law but only a rule of prudence." 16. Once the Court is satisfied that the dying declaration was true, voluntary and not influenced by any extraneous consideration, it can abase its conviction without any further corroboration as rule requiring corroboration is not a rule of law but only a rule of prudence." 16. What is to be noticed is that the dying declaration is not a final word until it stands the test as has been laid down, so it is open for scrutiny during the trial. 17. Keeping in view all the stated position, exercise of discretion in favour of the petitioner will meet the ends of justice. Inclination to grant concession for the factors, reasons and the law as noticed herein above is to advance the ends of justice. Dis-inclination thereof would amount to im-balancing the scales of justice. 18. The petition is allowed. Accused Girija Koul is directed to be released on bail provided she furnishes the bail bonds to the tune of Rs. 50,000/- with two sureties and recognizance bond in the like amount to the satisfaction of the trial Court (Learned Sessions Judge, Jammu) on a condition that the petitioner-accused in any manner will not dissuade any witness, and will not in any manner hamper the smooth trial. 19. It shall be open for the trial Court to cancel the concession, as extended to the petitioner, if the circumstances of the case or the activities of the petitioner, at any point of time, so warrant. Observations made hereinabove shall have no effect on the trial of the case and shall remain confined only to the disposal of this petition. 20. Petition allowed.