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High Court Of Delhi
SUSHILA DAHAS - Appellant
Versus
STATE OF DELHI - Respondent
Criminal Miscellaneous (Main) 503 of 1999
Decided On : 03/01/1999
Section 438 - Bail - The court ordered the petitioner to be released on bail upon furnishing a surety and personal bond, with the condition to join investigations as required by notice under Section 160, Criminal Procedure Code.
Fact of the Case:
The petitioner, a widow, was implicated in a complaint under Section 161, Criminal Procedure Code.
Finding of the Court:
The court ordered the petitioner's release on bail with specific conditions.
Issues: Implication of the petitioner in the complaint and entitlement to relief under Section 438, Criminal Procedure Code.
Ratio Decidendi: The court considered the proviso to Sub-section (1) of Section 437, Criminal Procedure Code and granted relief under Section 438, Criminal Procedure Code.
Final Decision: The petitioner was ordered to be released on bail upon fulfilling the specified conditions.
( 1 ) PETITIONER is a widow. Statement under Section 161, Criminal Procedure Code of the complainant implicating the petitioner, has been read by Mr. Pawan Behl, learned APP.
( 2 ). In view of proviso to Sub-section (1) of Section 437, Criminal Procedure Code, the petitioner would be entitled to the relief under Section 438, Criminal Procedure Code
( 3 ). In the event of the arrest of the petitioner, on her furnishing a surety for the amount of Rs. 10. 000. 00 and personal bond in the like sum to the satisfaction of the I. . 0. / Arresting Officer, she is ordered to be released on bail on condition that she will join investigations as and when required by notice under Section 160, Criminal Procedure Code. Application disposed of accordingly.
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