Back
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Meera Shakya – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 9912 of 2023
Decided On : 01-03-2023
Bail Application - Offence under Section 306 of IPC - The court allowed the bail application with the condition of furnishing cash security and a personal bail bond, emphasizing the need for the applicant to be present during the trial.
Fact of the Case:
The applicant, accused of an offence under Section 306 of IPC, filed a bail application after the recording of statements of six witnesses.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the bail application with the condition of cash security and a personal bail bond, emphasizing the need for the applicant to be present during the trial.
Issues: The main issue was the grant of bail to the applicant accused of an offence under Section 306 of IPC.
Ratio Decidendi: The court considered the changed circumstances and the recording of statements of witnesses in allowing the bail application, while emphasizing the need for the applicant to be present during the trial.
Final Decision: The bail application was allowed with the condition of furnishing cash security and a personal bail bond, and the applicant was ordered to be present during the trial.
JUDGMENT
Deepak Kumar Agarwal, J. - Learned counsel for the rival parties are heard.
2. This is the fifth application u/S.439 Cr.P.C filed by the applicant for grant of bail. Last bail application was dismissed as withdrawn vide order dated 12.08.2021 with liberty to repeat after recording of statements. Thereafter, six witnesses have been recorded and, in changed circumstances, this bail application is filed.
3. The applicant was arrested on 20.07.2020 by Police Station- Nayagaon, District - Bhind(M.P.) in connection with Crime No.74/2020 for the offence punishable under Section 306 of IPC.
4. In brief, prosecution case is that present applicant-accused is the mother-in-law of deceased- Parvati. Sandeep (husband of deceased) and Parvati solemnized their marriage on 20.04.2018. Present applicant-accused beaten her for some family dispute, due to which deceased Parvati committed suicide by igniting herself with kerosene. Present applicant-accused alleged that she used to quarrel with her.
5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. She is in custody since 20.07.2020 and she is permanent resident of District - Bhind (M.P.). There is no likelihood of her absconsion or tampering with the prosecution evidence. She is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made out.
6. Per contra, learned counsel for the State vehemently opposed the application and prayed for its rejection.
7. Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes a cash security of Rs.25,000/- alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one local solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail.
8. She will present during trial before the trial Court on each and every date.
9. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving him any notice.
10. Application stands allowed and disposed of.
11. Copy of this order be sent to the trial Court concerned for compliance.
12. Certified copy as per rules/direction.
Grant of bail with the condition of cash security and a personal bail bond, emphasizing the need for the applicant to be present during the trial.
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The completion of investigation and filing of the charge-sheet, along with the undertaking of the applicant to cooperate in trial, are crucial factors in considering a bail application.
Consent and permanent residency can be considered as grounds for granting bail in cases of abduction and rape.
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of anticipatory bail based on the facts and circumstances of the case and the conditions specified in Section 438 of Cr.P.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
