Savitri Devi vs State Of Rajasthan

In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

Heard learned counsel for the parties and perused the material available on record.

The petitioner has been arrested in connection with FIR No.220/2020 of Police Station Srikaranpur, District Sri Ganganagar for the offence punishable

under Sections 302, 307, 323, 447, 147, 148, 149, 120B of IPC and Section 3/25, 27 of Arms Act. She has preferred this bail application under Section

439 Cr.P.C.

Learned counsel for the petitioner submits that the petitioner is a 70 years old lady and has medical conditions. Learned counsel for the petitioner

further submits that the charge-sheet in this case has already been filed. Learned counsel for the petitioner further submits that it is a fit case where

the benefit of Proviso to Section 437 Cr.P.C. may be exercised. Learned counsel for the petitioner submits that the aggravating role was attributed to

the male members of the family and the sisters were not having any direct aggravating role.

Learned counsel for the complainant vehemently opposes the bail application and has shown the statements on record which reflect aggravated role of

the ladies and which also reflect that the ladies had a pivotal role in the attack. Learned counsel for the complainant further submits that the ladies

were specially called from Punjab and have been actively engaged in the planning as well as in the main attack. Learned counsel for the complainant

further submits that since the ladies are having an aggravated role of instigating and participating in the crime, therefore, it is a fit case for dismissal of

the bail application.

Learned PP also opposes the bail application.

After hearing learned counsel for the parties and after perusing the material available on record, this Court though finds that the attack in question was

brutal and also the fact of order of this Hon'ble Court in favour of the owners in a civil case has resulted into the accused persons causing the attack.

However, taking into the consideration the age of the petitioner i.e. 70 years, this Court deems it appropriate to give her the benefit of Proviso to

Section 437 Cr.P.C. The said consideration is purely on the age of the petitioner.

Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time

but without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section

439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Savitri Devi W/o Shri Satpal shall be

released on bail in connection with FIR No.220/2020 of Police Station Srikaranpur, District Sri Ganganagar provided she executes a personal bond in a

sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for her appearance before that

court on each and every date of hearing and whenever called upon to do so till the completion of the trial.