ORDER
B.J. Shethna, J.
1. Heard learned counsel for the Petitioner accused.
2. Learned counsel submitted that the petitioner accused is an aged lady of about 75 years. She is not keeping good health. Now, the challan is filed and, therefore, she should be released on bail because the offence for which she is charged is punishable for ten years’ imprisonment.
3. It is true that she is charged for an offence punishable under Section 306/498A, IPC and Section 306, IPC is punishable for ten years’ imprisonment. It is also true that she is an aged lady of 75 and because of that she may not be keeping good health. It may be that her name might not have been disclosed initially in the First Information Report but on investigation, prima facie, it is borne out from the statements of the witnesses recorded by the Inspecting Officer that the deceased had to commit suicide within six years of her married life only because she was tortured by her husband and by her mother-in- law because she was not able to deliver any child. Mother-in-law is in place of mother but the craze of becoming grand-mother and not getting a grandchild leads to this situation where a young lady had to commit suicide by jumping into well. Bail can be granted even in murder cases provided a good case is made out. Of course, the punishment is only ten years for an offence under Section 306, IPC. It is not even punishable with life imprisonment but, this type of offence are against the society. It is not that one individual offence is committed. If the Courts take liberal view in such matters then it will definitely encourage other such persons. Therefore, I am of the view that the learned Judge has rightly rejected the bail application of the petitioner accused filed after filing of the challan.
4. It was also submitted by learned counsel that this Court in number of cases have released the accused on bail, on the ground that the accused is a lady or looking to her old age. I am of the confirmed view that in such cases bail should not be granted. That view. I have taken while sitting as a Judge of Gujarat High Court in many cases and some of them are even reported in Gujarat Law Reporter. My view has not so far been disturbed by the Apex Court. The bail applications are to be decided on the facts of each case. Considering the totality of the evidence, I am of the view that though the petitioner is an aged lady of 75 and that she may not be keeping good health but she is not entitled for bail on that ground in such cases.
Hence, this bail application is hereby rejected.
After I passed the above order, learned counsel further submitted that petitioner be allowed to move fresh bail application after framing of the charges. If it is permissible then she can certainly file such application. But I am personally of the view that in such matters even after repeated attempts of filing bail applications one after another, she is not entitled for bail.