Back
IN THE HIGH COURT OF MADHYA PRADESH
Subodh Abhyankar, J.
Shayda – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 15531 of 2022
Decided On : 29-03-2022
Section 439 - Bail Application - The court allowed the bail application under Section 439 of the Criminal Procedure Code, 1973, without reflecting on the merits of the case, and directed the release of the applicant on bail with certain conditions.
Fact of the Case:
The applicant, implicated in a case under various sections of the Indian Penal Code and the Dowry Prohibition Act, sought bail, stating that she was the sister-in-law of the deceased and that omnibus allegations had been leveled against her. The applicant had been in custody since 04/03/2022 and requested bail due to the likelihood of a lengthy trial and being the mother of two minor children.
Finding of the Court:
The court found force with the contention raised by the applicant's counsel and allowed the bail application without reflecting on the merits of the case. The court directed the release of the applicant on bail upon furnishing a bond and surety, with conditions for regular appearance before the trial court and compliance with Section 437(3) of the Criminal Procedure Code, 1973. The court also warned that any involvement in another offence during the trial would result in automatic cancellation of the bail.
Issues: Bail application under Section 439 of Cr.P.C.
Ratio Decidendi: The court considered the likelihood of a lengthy trial and the applicant's family circumstances in granting bail, without reflecting on the merits of the case. The court imposed conditions to ensure the applicant's regular appearance and compliance with the law during the trial.
Final Decision: The court allowed the bail application and directed the release of the applicant on bail with specified conditions.
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
