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Mst. Sunder Vs. State of Rajasthan

Mst. Sunder vs State of Rajasthan

Disposition Application allowed Court Rajasthan Decided Dec 22, 1989
~2 min read
https://sooperkanoon.com/case/764302

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Citation
Court
Rajasthan High Court
Judge
Decided On
Case Number
S.B. Cr. Misc. Bail Application No. 3764 of 1984
Subject
Criminal
Disposition
Application allowed

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code - Section 437-Bail--Accused young woman in custody for 4-1/2 months--Held, she be released on bail.;The petitioner was arrested on 28th July, 1989 and since than she 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...

Key legal issue
Criminal
Outcome / disposition
Application allowed

Parties & Advocates

Appellant / Petitioner

Mst. Sunder

Respondent

State of Rajasthan

Legal References

Reported In
1989WLN(UC)391

Excerpt

criminal procedure code - section 437-bail--accused young woman in custody for 4-1/2 months--held, she be released on bail.;the petitioner was arrested on 28th july, 1989 and since than she 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.;bail granted - - 5,000/-(rupees five thousand) with one surety in the like amount to the satisfaction of the trial court for her appearance before that court or any other court on all dates of hearing during the pendency of trial against her in this case.mohini kapoor, j.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.3. it is, therefore, ordered that the petitioner mst. sunder be released on bail provided she furnishes a personal bond in the sum of the rs. 5,000/-(rupees five thousand) with one surety in the like amount to the satisfaction of the trial court for her appearance before that court or any other court on all dates of hearing during the pendency of trial against her in this case.

Full Judgment

Mohini Kapoor, J.

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.

3. It is, therefore, ordered that the petitioner Mst. Sunder be released on bail provided she furnishes a personal bond in the sum of the Rs. 5,000/-(Rupees five thousand) with one surety in the like amount to the satisfaction of the trial court for her appearance before that court or any other court on all dates of hearing during the pendency of trial against her in this case.

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