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Madhya Pradesh High Court · body

2000 DIGILAW 822 (MP)

Brajenia v. State of M. P.

2000-08-11

A.K.GOHIL

body2000
Short Note Heard with the aid of case diary. This is an application for grant of bail u/s 439, CrPC. The applicants are in custody with effect from 1.7.2000 in connection with crime No. 294/2000 ragistered at P.S. Annapurna, Indore for the charges u/s 304B read with section 306. 498A. IPC. The submission of Shri Vivek Singh is that the applicant No. 1 is father• in-law of the deceased, applicant No.2. is mother-in-law of the deceased and applicant No.3 in son of applicant No. 1 and also the younger brother of the husband of deceased. His further submission is that they have been falsely implicated in this case. The deceased was living with her father since 22.1.2000 at Indore where she died on 25.6.2000 and the applicants are not aware about the cause of her death. He further permits that the investigation is already over and they are not required to be in custody for the purpose of investigation. The son of applicant No.1 was married with deceased Sonali at Indore on 18.6.1999, thereafter she hardly lived for 2-3 months in the in law's house. Before marriage she was suffering from some incurable disease and she was being treated since 1992 for the hypothyroidism. She was regularly taking drug and was also drug addict since 1992. They have also filed some medical papers which were with the applicants. This disease was not disclosed to the in-laws before marriage. His further submission is that when the applicants came to know about the disease from which Sonali was suffering, they immediately filed a suit for the annulment of the marriage on 12.1.2000 in which notice was served on the respondent Sonali and the appearance was entered on her behalf on 17.1.2000 and written statement has already been submitted. His further explanation is that on 1.7.2000, only Sanjay was leaving for America as his wife is residing at America and the applicants No 1 and 2 were not leaving this country. His further submission is that air ticket for Sanjay was purchased long back even prior to the date of incident i.e. 25.6.2000. Therefore, this allegation of the complainant in writing that all the applicants were trying to leave this country is baseless. His further submission is that applicant No. 1 is a class one officer in Govt. of India, therefore, this possibility cannot be inferred that he would abscond. Therefore, this allegation of the complainant in writing that all the applicants were trying to leave this country is baseless. His further submission is that applicant No. 1 is a class one officer in Govt. of India, therefore, this possibility cannot be inferred that he would abscond. They belong to a respectable family and are in jail. Therefore, he prayed for bail. In reply the submission of Shri Desai is that the applicants were arrested on 1.7.2000 at Sahara airport at Bombay as they were leaving this country and there are also allegations against them for practicing cruelty and demand of dowry. The complainant Madan Verma was also present before this Court for opposing the bail. He was also heard. The submission of Shri Chandiramani on behalf of the objector is that the deceased Sonali died because of the shock of demand of dowry. This facts submitted by Shri Vivek Singh are not controverted by the prosecution. This is also not the case of prosecution that the deceased died in the house of the applicants, those who are in-laws. This fact is also not denied that she died at Indore and prior to that she was residing with her father since 20.12.1999. Dr. Ramgulam Razdan, Associate Professor of Psychiatrist MGM College, Indore was also present before this Court to explain the medical and treatment papers of deceased Sonali. Dr. Ramgulam Razdan submits that the deceased was a patient of hypothyroid. She was taking medicine and she was drug addict since 1992 as per the report of Dr. Ashok Bhiman, who is also Asst. Professor of Psychiatrist at MGM College, Bhopal. He further admits that a patient of hypothyroid has to take' medicine for whole life and doctor may also not advise to conceive. Considering the rival submissions of the parties and also looking to the material available in the case diary and in the facts and circumstances of the case, the right of bail cannot be denied to the in-laws when the. daughter-in-law died in the house of her own parents. Accordingly this application is allowed and it is directed that the applicants shall be released on bail upon each of them furnishing a personal bond for the sum of Rs. daughter-in-law died in the house of her own parents. Accordingly this application is allowed and it is directed that the applicants shall be released on bail upon each of them furnishing a personal bond for the sum of Rs. 25,000/- with separate sureties for the like amount to the satisfaction of C.J.M., Indore on the condition that they shall remain present on each and every date of hearing before the trial Court and shall not tamper with any of the prosecution witnesses and shall fully co-operate in expeditious disposal of the trial. The applicants shall surrender their passports before the C.J.M., Indore and shall not leave the country without prior permission of the trial Court. However, this bail order shall not affect the merits of this case. c.c. by on payment of usual charges.