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2022 DIGILAW 497 (MP)

Shayda v. State of Madhya Pradesh

2022-03-29

SUBODH ABHYANKAR

body2022
JUDGMENT Subodh abhyankar, J. - They are heard. Perused the case diary / challan papers. This is the first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.93/2022 registered at Police Station Y.D.Nagar, District Mandsaur (MP) for offence punishable under Sections 498-a, 304-B, 201, 34 of the Indian Penal Code, 1860 and Sections 3 / 4 of the Dowry Prohibition act. The applicant is in custody since 04/03/2022. The allegation against the applicant is that she was also involved in the aforesaid offence wherein the deceased Sitara Bi has committed suicide by hanging. Counsel has submitted that the applicant happens to be the sister-in-law of the deceased Sitara Bi, who happens to be the wife of the applicant's husband's younger brother. It is submitted that omnibus allegation has been levelled against the applicant by the family members of the deceased. It is further submitted that the applicant is in jail since 4.3.2022 and the applicant is the mother of two minor children and living separately with her husband. Counsel has further submitted that the final conclusion of the trial is likely to take sufficient long time hence, the bail application be allowed and she be released on bail. Counsel for the respondent / State, on the other hand has opposed the prayer. Having considered the rival submissions and on perusal of the case diary, this Court finds force with the contention raised by the counsel for the applicant. Thus, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed. It is directed that the applicant shall be released on bail upon her furnishing a bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for her regular appearance before the trial Court during trial with a condition that she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also. It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C. Certified copy, as per rules.