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SUBODH ABHYANKAR
Shayda – Appellant
Versus
State of Madhya Pradesh – Respondent
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 he
The court has the discretion to grant bail under Section 439 of the Criminal Procedure Code, 1973, considering the circumstances of the case and the likelihood of a lengthy trial, without reflecting ....
The court may grant bail under Section 439 of Cr.P.C. considering the period of incarceration, the amount seized from the applicant, and the likelihood of a lengthy trial.
The court's decision was based on the consideration of the allegations, the applicant's custody, and the expected duration of the trial, leading to the grant of bail with specific conditions and a wa....
The court's decision was based on the applicant's entitlement to bail under Section 439 of the Criminal Procedure Code, 1973, considering the facts and circumstances of the case.
The court's decision to grant bail was based on the lack of evidence connecting the applicant with the offence and the likelihood of a long trial, as well as the conditions under Section 437 (3) Crim....
The court may grant bail based on the contention of parity with a co-accused and the lengthy trial process, while also considering the applicant's criminal antecedents and imposing specific condition....
The court may grant bail under Section 439 of the Cr.P.C. based on the applicant's plausible involvement in the offence.
The court's decision was influenced by the lack of support from prosecution witnesses and the nature of allegations in allowing the bail application under Section 439 of the Cr.P.C.
The court's decision to grant bail was influenced by the nature of injuries, prolonged custody, and the likelihood of a lengthy trial, as per the provisions of Section 439 of the Criminal Procedure C....
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