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MADHYA PRADESH HIGH COURT AT JABALBUR BENCH
Subhash Kakade, J.
Mu. Ramkali - Appellant
Versus
State of Madhya Pradesh - Respondent
M.Cr.C.No.10601 of 2014
Decided On : 28-07-2014
Bail Application - Section 439 of Cr.P.C - The court allowed the bail application of applicant No. 1 Mst. Ramkali, who was in custody for the offence punishable under Section 304-B of IPC, considering her age, the duration of custody, and her relationship to the deceased.
Fact of the Case:
Mst. Ramkali, aged about 55 years, was in custody for the offence punishable under Section 304-B of IPC in connection with a case registered at Police Station Gadhimalhara, District Chhattarpur (M.P.). The applicant, who is the mother-in-law of the deceased, had been in custody since 02.06.2014, and the trial was expected to take considerable time.
Finding of the Court:
The court allowed the bail application of Mst. Ramkali, considering the totality of the facts and circumstances of the case, without commenting upon the merits of the case.
Issues: The main issue was whether Mst. Ramkali should be released on bail, considering her age, the duration of custody, and her relationship to the deceased.
Ratio Decidendi: The court considered the age of the applicant, the duration of her custody, and her relationship to the deceased in allowing the bail application.
Final Decision: The court allowed the bail application of Mst. Ramkali and directed her release on bail upon furnishing a personal bond in the sum of Rs. 20,000/- with one solvent surety in the like amount to the satisfaction of the committal Court/trial Court.
1.At the outset, learned counsel for the applicant prays for permission to withdraw the bail application on behalf of applicant No. 2 Raju Ahirwar.
2. Hence, the bail application of applicant No. 2 Raju Ahirwar is hereby dismissed as withdrawn.
Heard finally. Case diary is perused.
3. This is the first bail application on behalf of the applicant No.1 Mst. Ramkali under Section 439 of Cr.P.C. The applicant is in custody since 02.06.2014 in connection with Crime No. 86/2014 registered at Police Station Gadhimalhara, District Chhattarpur (M.P.) for the offence punishable under Section 304- B of IPC. It is submitted by learned counsel for the applicant that the applicant is a lady aged about 55 years and has been falsely implicated in the case. It is further submitted that the applicant is mother- in- law of the deceased and the marriage had taken place eight years back. The applicant is in custody and conclusion of trial would take considerable time. On the aforesaid grounds, it is prayed that the applicant be released on bail.
4. Learned Panel Lawyer for the State vehemently opposed the application. Considering the totality of the facts and circumstances of the case coupled with the material available on record, without commenting upon the merits of the case, the application under Section 439 of Cr.P.C. on behalf of applicant No. 1 deserves to be and is hereby allowed.
5. It is directed that applicant No. 1 Mst. Ramkali be released on bail on his furnishing a personal bond in the sum of Rs. 20,000/- (Rupees Twenty Thousand Only) with one solvent surety in the like amount to the satisfaction of the committal Court/trial Court securing her presence before the trial Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
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