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Madhya Pradesh High Court · body

2019 DIGILAW 464 (MP)

Lallan Kushwah v. State of M. P.

2019-07-01

SHEEL NAGU

body2019
ORDER 1. Learned counsel for the rival parties are heard. 2. The petitioner has filed this first application under section 439 of CrPC for grant of bail. 3. The petitioner has been arrested on 6.5.2019 by Police Station Bhaguapura, Tehsil Seonda District Datia (M.P.) in connection with Crime No. 33/2019, registered in relation to the offence punishable under sections 302, 304-B, 498-A/34 IPC and section 3/4 of the Dowry Prohibition Act. 4. Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. 5. Petitioner who is mother-in-law of the deceased is alleged with dowry demand related cruelty. Deceased died by burning herself after 7 years of marriage which was held on 11.5.2011 leaving behind dying declaration which squarely implicates her husband and no one else. However, statement of father of deceased recorded under section 161 CrPC reveals that on the date of incident the deceased telephonically informed her father that she has been burned by her husband, mother-in-law, father-in-law and sister-in-law (Nanad). 6. Considering the above facts and that petitioner is a woman aged 55 years who is not named in the dying declaration left behind by the deceased and early conclusion of the trial is bleak possibility and prolonged pre-trial is anathema to the concept of liberty and the material placed on record does not disclose possibility of the petitioner fleeing from justice, this Court is inclined to extend the benefit of bail to the petitioner. 7. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with two solvent sureties each of Rs. 50,000/- to the satisfaction of the concerned trial Court. 8. This order will remain operative subject to compliance of the following conditions by the petitioner : 1. The petitioner will comply with all the terms and conditions of the bond executed by her; 2. The petitioner will cooperate in the investigation/trial, as the case may be; 3. 50,000/- to the satisfaction of the concerned trial Court. 8. This order will remain operative subject to compliance of the following conditions by the petitioner : 1. The petitioner will comply with all the terms and conditions of the bond executed by her; 2. The petitioner will cooperate in the investigation/trial, as the case may be; 3. The petitioner will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The petitioner shall not commit an offence similar to the offence of which she is accused; 5. The petitioner will not seek unnecessary adjournments during the trial; and 6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The petitioner shall plant 100 saplings of indigenous fruit bearing or shady trees on the side of the road/street where the incident took place and take care of the trees for the next one year by watering the plants and by installing tree guards at his own expenses. The petitioner shall file an affidavit disclosing compliance of this condition within 30 days in the Registry, failing which this Court may consider cancellation of bail. 9. The senior most available learned Public Prosecutor of the concerned District is directed to file verification report before the trial Court concerned after carrying out inspection personally or through SHO of Police Station of the concerned area, disclosing as to whether petitioner has complied with condition No.7 or not, and if yes to what extent? 10. The learned trial Judge on receiving report of non compliance of condition No. 7 shall forthwith communicate the same to Registry of this Court. 11. The Registry on receiving any such report from the trial Court disclosing default shall put up the matter before appropriate bench in shape of PUD. 12. A copy of this order be sent to the Court concerned for compliance. 13. Let a typed copy of this order be also supplied to the counsel for the State for compliance of the aforesaid directives. 14. For the time being this case stands disposed of.