ZAREEFA Vs. STATE

JUDGEMENT

(1.) The order dated 1-11-2003 of District and Sessions Judge, Baramulla on file No. 168 (Misc)/2003 rejecting bail application of Zereefa Begum accused in FIR 18/2002 under Section 302 read with Section 34, RFC registered at Police Station, Uri, is under challenge in this revision petition.

(2.) Alam Jan, Zareefa, Sona Begum, Maroofa and Khatooni are facing trial in the above FIR for alleged commission of offence under Section 302 read with Section 34 of RFC in connection with homicidal death amounting to murder of one Sameeda Begum. The case is being tried by District and Sessions Judge, Baramulla. The prosecution evidence iS being recorded. Mst. Maroofa and Mst. Khatooni were given interim bail which was subsequently made absolute by order dated 14-7-2003. The bail application of Alam Jan, Zareefa Begum and Sona Begum has been rejected by the very order of 14-7-2003. Zareefa.Begum moved a second application for bail, that too has been rejected on 1-11-2003.

(3.) Though it is alleged that the evidence which has come on record during trial is suggestive of the circumstance that no reasonable ground appear for believing that Zareefa Begum is guilty of the offence under Section 302 read with Section 34, RPC after she is charged, the learned Counsel for the petitioner has made two fold submissions for this female accused of advance age. If not in a better position but equally circumstanced and identically placed with the other two female accused, who have been granted bail in exercise of powers under Section 497, Cr.P.C. on the ground that the applicants were women and sick, Zareefa is prayed to be released on bail. There are no chances of her absconding or not appearing in Court. Besides in the context of human and humane aspect of the applicant/accused's case, it is solicited that she is mother of minor children who need her love, care and affection. Her deteriorating health conditions too cannot be lost sight of when bail plea is considered by Court. Though Mr. T. Khawaja has not filed any objection to this application, but the learned counsel has opposed the bail on the ground that the accused applicant even though a woman and may be sick, is not entitled to bail as a matter of right and when the trial Court has dismissed her application for bail. The revisional court should not release her too.