Madhya Pradesh High Court
Smt.Sushila Bai vs The State Of Madhya Pradesh on 30 July, 2014
MCRC.5528.2014. 1
Smt. Suheela Bai Vs. State of M.P.
30.7.2014.
Applicant by Shri Rajmani Bansal Advocate.
Respondent/state by Shri R.K.Awasthy Public
Prosecutor.
The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail. The applicant has been arrested by PS Cant. District Guna in Crime No.280 of 2014 registered for the offence punishable under Section 498A, 304B and 34 of IPC and ¾ of Dowry Prohibition Act.
The case diary is received from concerned Police Station. After investigation, charge sheet has already been filed on 12.6.2014.
Learned counsel for the applicant submits that the applicant being mother in law of deceased has been falsely implicated in this case as marriage of the deceased Puja was solemnized along with Sonu son of the applicant on 30.5.2010.The deceased died on 22.5.2014 by consuming poisonous substance. Father of the deceased Murarilal was present on the spot when inquest report of the deceased was prepared by the police, however, no complaint was made by him on connection with demand of dowry and subsequently, it was made on 3.6.2014 falsely. Learned counsel further contends that the allegations against the applicant are totally omnibus. No specific incident has been alleged in the statement of father and mother of the deceased. The applicant-accused has been in jail since 4.6.2014 and disposal of this case will take time. On the aforesaid grounds, learned counsel for the applicant prayed for grant of bail.
MCRC.5528.2014. 2Learned PP opposed the submissions made on behalf of the applicant and prayed for it's rejection.
While going through the case diary with the assistance of PP, it is apparent that no dying declaration was recorded of the deceased in this case and deceased had not left any suicidal note in connection with the circumstance for her death. The deceased died on 22.5.2014. Her father was present on the spot when inquest report was made on the same day. Nonetheless, no report was lodged by her father in connection with the allegation of demand of dowry. After 11 days I.e on 3.6.2014, father of deceased Murarilal has made allegations against the applicant as well as her other family members for harassing the deceased in connection with demand of dowry.
Considering the above facts and circumstances of the case, but without expressing any opinion on the merits of the case, this application is allowed and it is directed that the applicant be released on bail on her furnishing personal bond in the sum of Rs.25,000/- (Twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial court on the condition that she shall remain present before the court concerned during trial.
Case diary is returned.
A copy of this order be sent to the court concerned for information.
CC as per rules.
(M.K.Mudgal) Judge.
Rks.