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Madhya Pradesh High Court · body

1995 DIGILAW 42 (MP)

SAROJ AGARWAL v. STATE OF M. P.

1995-01-10

R.P.AWASTHY

body1995
R. P. AWASTHY, J. ( 1 ) THE applicants beg to submit as under: That, they are law abiding and peace loving citizens of India. Applicant No. 1 Saroj is the sister-in-law (Nanad), married and residing at her matrimonial place at Titlagarh, District Balagir (Orissa) while the applicants 2 and 3 are the father-in-law and mother-in-law respectively permanently residing in District Raipur. ( 2 ) THAT, the Police of Police Station Nevra, District Raipur has registered the offence under Section 304b of the Indian Penal Code, vide Crime No. 210/94, against the applicants as also against other two co-accused persons, and wants to arrest the applicants in that connection. ( 3 ) THE petition has been admitted on 10. 1. 1995 only and the notice has been issued to the nonapplicant on tile application for releasing the accused petitioners on ad-interim bail. The purport of the said notice is that looking to the nature of offence and the fact that the petition has been filed u/sec. 438 Cr. P. C. , the Court wants to peruse the case diary and to ascertain as to what is the case against the petitioners, before passing any order. Therefore, a reasonable opportunity has to be given to tile non-applicant to requisition and receive the case diary. ( 4 ) NEVERTHELESS, contention of Mr. Kochar is that the petitioner No. 1 has undergone some surgical treatment and, therefore, there is urgency. Under the said circumstance, the Govt. Advocate, Ku. Alka Pandya is asked to send a wireless message to the S. O. of P. S. concerned for sending the case diary by the next date that is 20. 1. 1995. ( 5 ) HOWEVER, looking to the fact that the petitioner No. 1 is a lady and is said to be a sister of the husband of the deceased as well as allegedly she has undergone surgical operation, the petition filed by petitioner No. 1, only for being released on ad-interim bail, is being allowed. ( 6 ) CONSEQUENTLY it is ordered that in the event of arrest of Smt. Saroj Agarwal in connection with Crime No. 210/94 of Police Station Nevra, for the alleged commission of offence punishable under Section 304b of I. P. C. , she shall be released on bail on her executing personal bond of Rs. ( 6 ) CONSEQUENTLY it is ordered that in the event of arrest of Smt. Saroj Agarwal in connection with Crime No. 210/94 of Police Station Nevra, for the alleged commission of offence punishable under Section 304b of I. P. C. , she shall be released on bail on her executing personal bond of Rs. 5000/- with one surety of tile same amount to the satisfaction of the Police Officer arresting her. A copy of this order be sent to the S. O. of P. S. concerned. C. C. as per rules. Ordered accordingly. .