High Court of Jharkhand granted bail to an elderly accused mother-in-law under sections 302 and 34 IPC, considering her age, gender, and prolonged incarceration after charges were framed and only a few witnesses examined.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1800 of 2019
Samina Khatoon @ Shamina Khatoon ….. Petitioner(s). -: V e r s u s :- The State of Jharkhand ….. Opposite Party(s)
CORAM: HON'BLE MR. JUSTICE ANANDA SEN
For the Petitioner(s) : Mr. Nilesh Kumar, Advocate For the State : A.P.P
03/6.07.2019
Heard learned counsel for the parties.
Learned Addl. P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing
offence punishable under Sections 302 and 34 of the Indian Penal Code.
The petitioner happens to be the mother-in-law of the deceased.
The prayer for bail of the petitioner was earlier rejected on 07.09.2018.
Learned counsel for the petitioner renews the prayer for bail and submits that now charge has been framed. He submits that after framing of the charge only five witnesses have been examined out of 9 witnesses. He further submits that the son of petitioner i.e. the husband of the deceased is still in custody. He submits that petitioner is an old lady aged about 50 years and she has remained in custody since 13.09.2017.
Considering the fact that the petitioner is a lady and she has remained in custody since 13.09.2017, I am inclined to allow this application. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal District & Sessions Judge, Lohardaga, in connection with Lohardaga, Police Station Case No. 178 of 2017, corresponding to G.R. No. 597 of 2017 (S.T. No. 151 of 2017), with a condition that she will appear each and every date during trial.
(Ananda Sen, J.)
Amardeep/
2 issues framed by the court
Whether the petitioner, an old lady in custody for over a year for an offence under Sections 302 and 34 IPC, is entitled to bail at the stage of trial.
Whether the bond amount and sureties conditions are appropriate for the grant of bail.
Samina Khatoon @ Shamina Khatoon
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
