This court granted bail to a female applicant convicted under Section 302 IPC, noting she has minor children and had previously been on bail without misuse, while accepting her claim of private defence.
The applicant be released on bail in the sum of Rs.10,000 with one or two sureties.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE, JURISDICTION
CRIMINAL APPLICATION NO.312 OF 2006
IN
CRIMINAL APPEAL NO.188 OF 2006
Rukmini Kalyansingh Rajpurohit ...Applicant.
Versus
The State of Maharashtra ...Respondent.
. . .
Mr.Ashok Mundargi with Mr.K.S.Patil, Advocate for
the applicant.
Smt.U.V.Kejariwal, APP, for the State.
CORAM : D.G.DESHPANDE AND
SMT.V.K.TAHILRAMANI, JJ.
DATED : APRIL 17, 2006.
P.C.:
. Heard Mr.Patil learned Advocate for the
applicant and Smt.Kejariwal learned APP for the
State.
2. The applicant, who is a lady, has been
convicted under Section 302 of IPC, alongwith her
husband.
3. The applicant is now seeking bail. The
learned Advocate for the applicant has submitted
that the applicant is a lady and she has two minor
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children aged 4 years and 8 years. He has further
submitted that the applicant was on bail during
the trial and she has not mis-used the liberty
granted to her. These statements have not been
controverted by the prosecution.
4. Mr.Patil learned Advocate for the applicant
has further submitted that it was the deceased who
had come to the house of the applicant and her
husband, with knife, in order to assault her
husband. On seeing this, the applicant gave one
blow with a bat on the head of the deceased.
Thereafter, her husband had assaulted the deceased
with knife.
5. Mr.Patil further submitted that the act of
the applicant was done while exercising the right
of private defence and hence the case of the
applicant could not be said to fall under section
302 of IPC.
6. After going through the evidence, we find
that indeed the deceased had come with a knife to
the house of the applicant and her husband and
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thereafter the incident has occurred. Looking to
these facts and the fact that the applicant is a
lady and has two minor children and that the
applicant was on bail during the trial, we are
inclined to grant bail to the applicant.
7. The applicant be released on bail in the
sum of Rs.10,000/- (Rs.Ten Thousand Only) with one
or two sureties to make-up the said amount.
8. Application is disposed of.
(D.G.DESHPANDE, J.)
(SMT.V.K.TAHILRAMANI,J.)
1 issue framed by the court
Whether bail should be granted to a female applicant convicted of murder who has minor children and pleaded right of private defence.
1 provisions across 1 enactments
Rukmini Kalyansingh Rajpurohit
The State of Maharashtra
D.G.DESHPANDE
SMT.V.K.TAHILRAMANI
As recorded by the court registry
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