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Judgment
Bansi Lal Bhat, J.
Cr. M.A. No. 137/2014
This is an application filed on behalf of applicant No. 4-sister-in law (Nanand) of deceased for grant of bail. Bail is sought on two grounds of
which only one survives. The first ground taken in the application is that the applicant has never celebrated any festival with her kids as she was in
jail and her kids wanted to celebrate Diwali with their mother. This ground no more survives as the Diwali festival is over. The 2nd ground urged is
that the mother of applicant namely, Shakuntala Devi is out on bail on medical grounds and on account of her poor health she is unable to finalize
the arrangements for engagement ceremony of her son Subash Chander who is younger brother of the applicant.
Heard learned counsel for the parties.
The appellants/applicants including applicant No. 4 stand convicted under Sections 302/498-A RPC. Other appellants/applicants are the
parents-in-law and husband of the deceased. The appellants/applicants allegedly set ablaze the deceased barely within six months of her marriage
with appellant/applicant No. 2 resulting in her death. The murder was allegedly committed for dowry in a depraved manner when the deceased
was carrying a pregnancy of three months. Prosecution case, primarily rests on Sing declaration of deceased as the mode of proof. The dying
declaration was made in presence of the Doctor who was examined at the trial to prove the mental composition of deceased and genuineness of
the dying declaration attributed to deceased.
In view of these facts, the earlier bail plea of appellants/applicants was declined by this Court in terms of order dated 14.03.2005. Admittedly,
the conviction and sentence of life imprisonment on the appellants/applicants including applicant No. 4 has not been suspended, grant of interim bail
to applicant No. 4 for finalizing the arrangements for engagement ceremony of her younger brother in the given circumstances of the case, does not
warrant her admission on interim bail.
There being no merit in the application, same is rejected.
Cr. Appeal No. 6/2005
List along with the CrMP(s) for consideration in the week commencing 24th November, 2014.