The Allahabad High Court has granted bail to Shanti Devi, who is in jail along with her minor children aged between six and eight years, accused of murdering her mother-in-law by pouring kerosene on her and burning her.
The division Bench of Justice Ashwani Kumar Mishra and Justice Gautam Chowdhary passed this order while hearing a Criminal Appeal filed by Shanti Devi.
The Bail application has been filed on behalf of accused appellant Shanti Devi, who has been convicted in Sessions Trial under Section 302 IPC, arising out of Case P.S Bara, District Prayagraj and the maximum sentence awarded to her is life imprisonment on the charge of pouring kerosene on her own mother-in-law and setting her ablaze.
The basis of appellant’s implication is the dying declaration which has been duly proved.
Counsel for the appellant submitted that the accused appellant has no criminal history and is languishing in jail for the last more than six years.
It is argued that a minor son with the appellant was in jail for all these years and has recently been released and there is nobody to look after him.
It is also submitted that all the prosecution witnesses have turned hostile and the dying declaration is not entirely reliable. Submission is that as hearing of the appeal may take sufficiently long, as such the accused appellant is entitled to be enlarged on bail.
AGA has opposed the prayer made for grant of bail but the fact about the period of incarceration undergone by the appellant is not disputed.
“Considering the argument that the accused appellant is a lady; has no criminal history; her minor son is now aged 7-8 years, who was with her for the last several years in jail and is required to be looked after as also the fact that hearing of the appeal may take sufficiently long, without further commenting upon the merits of the case, we are of the view that the appellant/ applicant is entitled to be released on bail”, the Court observed.
The Court ordered that,
Let the accused applicant/appellant – Shanti Devi be released on bail in the above case on furnishing personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned, subject to furnishing undertaking that she will cooperate in the hearing of the appeal.
Considering the argument that appellant is extremely poor and her husband has already remarried, we suspend the direction to pay fine.
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