IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( BAIL ) NO. 372 OF 2009 MRS. FATIMA FERNANDES PRESENTLY IN JUDICIAL CUSTODY AGUADA ... Applicant Versus STATE THROUGH THE PUBLIC PROSECUTOR AND ANR., ... Respondents Mr. Arun Bras De Sa, Advocate for the Applicant. Ms. Winnie Coutinho, Public Prosecutor for the State/Respondent no.1. Coram:- R. M. SAVANT, J. Date:- 29th January, 2010 P.C. This is an application for bail filed by the applicant abovenamed who has been arrested in Crime no. 24/09, registered for offence punishable under Section 302 of the I.P.C. The victim was the mother in law of the Applicant. 2. The Applicant has filed the above application invoking Section 437(2) of the Cr.P.C., on the ground that the Applicant has a baby about five months old who has to be breast fed and since the conditions in the Central Jail at Aguada, are not conducive for the infant, the Applicant should be released on bail. The Applicant's two earlier applications which were filed when she was pregnant with the second child, who is now five months old, have been rejected by the learned Sessions Judge, Mapusa. The last of the bail application was rejected by Order dated 27.07.2009. The Applicant has been implicated and there is dying declaration recorded on 16.03.2009 of the victim so implicating the Applicant. 3. The learned Public Prosecutor states that the Applicant has been housed in the Women's Cell and every care as per the Jail Manual, would be taken to see that the baby, who is five months old, would not suffer on any count. 4. Considering the material on record and taking into consideration the statement made by the learned Public Prosecutor, no case for grant of bail is made out. In any event, there is a discretion vested in the Court under Section 437(2), which this Court does not deem fit to exercise in the facts of the present case. 5. The Criminal Misc. Application for bail is accordingly rejected. R. M. SAVANT, J. arp/*