1995 Supreme(MP) 1219

IN THE HIGH COURT OF MADHYA PRADESH
A.S. Tripathi, J.
Kallaram – Applicant
Versus
State Govt. of M.P. – Respondent
Cr. Misc. Case No. 2848 of 1995 (G)
Decided On : 09-11-1995

Headnote:(1) Criminal Procedure Code, 1973 – S. 438 – offence under S. 304 – B and 498 – A of IPC – grant of anticipatory bail – accused living separately and not participant in commission of offence – entitled to anticipatory bail.

       (2) Criminal Procedure Code, 1973 – S. 439 – accused 75 years old – old age itself is a ground for anticipatory bail.

        Short Note

       1. Applicants Kallaram, Matadeen, Smt. Shakuntala and Preetam are apprehending their arrest in connection with an offence punishable under sections 304 – B and 498 – A of the IPC registered at Police Station Banmore, District Morena vide Crime No. 138/95.

       2. Applicant Preetam is the husband of the deceased. The deceased Smt. Guddi died on account of consuming poison. The death was unnatural. Although, the prosecution started after two years, even then applicant Preetam and Matadeen are not entitled to be released on anticipatory bail (their bail application is rejected).

       3. Smt. Shakuntala is the wife of the elder brother of the husband of the deceased. She claims to have been living separately. Other applicant Kallaram is the father – in – law and is an old and infirm man aged about 75 years. On the ground of his old age, case is considered for anticipatory bail.

       4. In view of the above circumstances, applicants Kallaram and Smt. Shakuntala are entitled to anticipatory bail. It is directed, therefore, that in the event of their arrest, they shall be released on anticipatory bail on their executing a personal bond in the sum of Rs. 25,000/ – each with one surety in the like amount to the satisfaction of the Police Officer concerned and they shall appear before the I.O. concerned during investigation and the dates fixed during trial.