New Delhi, Jul 14 (PTI) The Supreme Court on Wednesday refused to interfere with the order of the Uttarakhand High Court denying bail to a woman accused of killing her husband but asked the state government to ascertain the stage of her preganancy, the ground on which she sought bail.
A bench comprising Chief Justice N V Ramana and justices A S Bopanna and Hrishikesh Roy issued notice to the state government on a petition filed by the accused seeking bail as she was in an advanced stage of her pregnancy. According to the prosecution, Muskan allegedly killed her husband Shahnawaz by strangulating him to death with a scarf in November last year.
“Having heard counsel appearing for the petitioner (Muskan) and carefully perusing the material available on record, we see no reason to interfere with the impugned order passed by the High Court of Uttarakhand at Nainital dismissing the regular bail application of the petitioner.
“However, taking into consideration the fact that the petitioner is stated to be in advanced stage of her pregnancy, issue limited notice to know the stage of pregnancy and to take any steps in that regard, returnable after two weeks,” the bench said.
The petition filed on behalf of Muskan said “the petitioner is an infirm lady and is on the terminal end of her pregnancy with her anticipated date of parturition is July 14 and therefore she is in an extreme hardship when she is lodged in the jail when she is not convicted.“ It said that she was already incarcerated for more than eight months and the weight of evidence was poor and there were glaring inconsistencies in the prosecutions version of the case.
“The petitioner is infirm with motor disability of 45 per cent and she surely cannot take care of herself in the harsh environment of the jail premises,” it said. PTI UK PKS SJK RKS RKS