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BAIL APPLN. 444/2011
Date of Decision: 01.08.2011
NEELAM …… Petitioner
Through: None
….Respondent
Through: Mr. Navin Sharma, APP.
JUDGMENT
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporter or not ?
3. Whether the judgment should be reported in the Digest ? V.K. SHALI, J. (oral)
1. This is an application filed by the petitioner for grant of regular bail in respect of FIR No. 562/2008 under Section 363/365/376/120B/34 IPC registered by P.S. Sultan Puri, Delhi. The present bail application which has been filed through jail was argued by the Legal Aid Counsel. It has 2011:DHC:3846 been stated by the learned counsel for the petitioner that the present petitioner is in judicial custody since 11.09.2008 and that she has been falsely implicated in the case. It has also been stated that the mother-in-law of the accused is severely ill and she is on the death bed. She is stated to be undergoing treatment at DDU Hospital. It has also been stated that the petitioner/accused has two minor children who are also with her in judicial custody. The petitioner/accused is not stated to be involved in any other case, and therefore, it is prayed that she may be extended the benefit of bail.
2. I have heard the learned counsel for the petitioner and have also perused the status report.
3. It has been stated in the status report that the averments made by the petitioner in the application that her mother-in-law is severely ill and on the death bed are not correct. The fact that she is getting treatment from DDU Hospital, is also not correct. It has been stated by the SHO P.S. Sultanpuri, Delhi that inquires have revealed that the mother -in-law of the petitioner is an old lady and is suffering from various old age ailments but she is not suffering from any serious disease which warrants her hospitalization.
4. As far as the false implication of the petitioner is concerned, I have gone through the statement of the prosecutrix and this averment also does not seem to be supported by the evidence which has come on record till date. I do not intend to deal with this aspect of the matter in detail as it will impact the trial. The fact that the petitioner is having two minor children along with her in the judicial custody certainly evokes some sympathy for the petitioner and especially for the children. However, keeping in view the severity of charges against her that she conspired with her husband in kidnapping the prosecutrix and in the commission of offence of rape, it dissuades to extend the grant of bail. However, having regard to the facts of the case, the learned Sessions Judge shall make a sincere endeavor to conclude the trial as expeditiously as possible. Bail application is dismissed. V.K. SHALI, J. August 01, 2011 KP