1953 (12) TMI 37

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....f of Mt. Chokhi against whom a case under Section 302 read with Section 34. Penal Code is going on in the Court of Sessions Judge at Jhunjhunu. 2. Mt. Chokhi and her husband Chunna have been prosecuted for the murder of their child aged about seven years named Manbhari and the trial has already begun in the Court of the Sessions Judge. Five prosecution witnesses have been examined who are said ....

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.... the conduct of the case and the cultivation of the petitioner would suffer if she is not released on bail. It is further urged that the learned Sessions Judge was wrong in interpreting the provisions of the Constitution of India in the way in which he did. 4. The learned Government Advocate has stated that the view taken by the learned Sessions Judge about the provisions of the Constitution of....

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....ir sex etc. The provision of Section 497, Criminal P. C. which gives a special treatment to the cases of the children and women is therefore, not inconsistent with the provisions of Article 15 of the Constitution of India. 5. The prosecution story which has been stated in the order of the lower Court is an extra-ordinary one. It is not necessary for this Court at this stage to go into the me....

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.... years or any woman or any sick or infirm person accused of such an offence be released on bail. Under Section 498 the scope for grant of bail is much wider, but ordinarily the principles contained in Section 497 should be considered in such cases. Under Section 497 it is open to a Court to grant bail to a woman even in cases where she is accused of an offence which is punishable with death or ....