Unlikely that mother would kill her child for ₹90,000: Punjab and Haryana High Court grants bail to woman

The Punjab and Haryana High Court recently granted bail to a woman accused of conspiring with her second husband to murder her daughter allegedly to cash out a ₹90,000 life insurance policy. [Pinki v State].

While allowing the accused woman's release on bail, the Court also reasoned that it is highly unlikely that a biological mother would commit such a heinous act over money.

The Court observed that the mother had no history of committing crimes, and added,

"It is highly improbable that merely for Rs.90,000/-, a biological mother would kill her own daughter and over and above had to use 2 'chunnis' to strangulate a minor girl."

Justice Sandeep Moudgil also noted that under criminal jurisprudence, "bail is a rule and jail is an exception." The judge proceeded to grant the woman bail, after also referring to the right to life and personal liberty under Article 21 of the Constitution.

The woman (bail applicant) before the Court was accused of murdering her nine-year-old daughter by strangling her with chunnis (shawls). As per the prosecution, the woman conspired to do the act with her second husband, who was the child's stepfather.

The woman's lawyer, however, asserted that the prosecution's narrative that she murdered her daughter for ₹90,000 was highly improbable given the close mother-daughter relationship they shared.

The lawyer further argued that the woman was dragged into the case merely on the basis of a statement by the stepfather, who is a co-accused in the case.

On the other hand, the State government contended that the woman was finding it hard to make payments for a plot of land bought earlier by her and her ex-husband. Therefore, the State alleged that she murdered her child in hopes of receiving ₹90,000 from a life insurance policy.

The Court, however, found it hard to believe the prosecution's claims and also noted that the woman had been in jail for over 2 years. The judge also found that the trial is almost at the fag end as all the material witnesses stand examined.

In view of these aspects, the Court proceeded to grant the woman bail.

"The story put forth by the prosecution is not sufficient enough to inspire confidence of this Court at least for the purpose of considering the instant petition for regular bail," the Court explained, in the bail order.

Advocate Amandeep Singh Rai represented bail applicant.

Advocate Rajiv Verma represented the State government of Punjab.

[Read Order]