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of <h1>High Court grants bail to mother accused of serious offense, citing unique circumstances</h1> <h3>Choki Versus. The State</h3> The High Court granted bail to Mt. Chokhi, accused under Section 302 read with Section 34 of the Penal Code, considering her role as a mother and the ... - Issues:1. Application for grant of bail under Section 498, Criminal P.C.2. Interpretation of provisions of the Constitution of India regarding bail for women accused of serious offenses.3. Consideration of bail under Section 497, Criminal P.C. in cases involving women accused of serious offenses.Detailed Analysis:1. The judgment pertains to an application for bail filed on behalf of Mt. Chokhi, who is facing charges under Section 302 read with Section 34 of the Penal Code. The trial is ongoing in the Court of Sessions Judge at Jhunjhunu. The application for bail was initially dismissed by the Sessions Judge on the grounds of no extenuating circumstances in the case and the belief that leniency based on gender is not permissible under the Constitution of India.2. The key contention raised in the appeal for bail was that the petitioner, being a woman with a young son outside of jail in need of care, should be granted bail to ensure proper conduct of the case and her personal responsibilities. The argument challenged the interpretation of the Constitution by the Sessions Judge, asserting that special provisions for women and children are allowed under Article 15, and Section 497 of the Criminal P.C. is not inconsistent with the constitutional provisions.3. The judgment delves into the provisions of Section 497 and Section 498 of the Criminal P.C. regarding bail for women accused of serious offenses. While Section 497 primarily deals with bail for women and children accused of non-bailable offenses, Section 498 provides a wider scope for bail consideration. The judgment emphasizes that under Section 497, a court has the discretion to grant bail to a woman even in cases where the offense is punishable with death or transportation for life, based on the circumstances of the case.4. Considering the unique circumstances of the case, including the extraordinary nature of the prosecution story and the petitioner being the mother of the deceased child, the High Court finds it reasonable to grant bail to Mt. Chokhi. The judgment orders her release on bail upon executing a personal bond and providing sureties, emphasizing the need to ensure her appearance at the trial. The bail amount is set at Rs. 5000, and she is to remain on bail until the trial Court decides otherwise.This detailed analysis highlights the legal arguments, constitutional provisions, and considerations that led to the grant of bail in the case of Mt. Chokhi, addressing the issues raised in the application before the High Court.
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