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Madhya Pradesh High Court

Smt. Nagma Khan vs The State Of Madhya Pradesh on 10 January, 2023

Author: Deepak Kumar Agarwal

Bench: Deepak Kumar Agarwal

                                                      1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                        ON THE 10 th OF JANUARY, 2023
                                       CRIMINAL APPEAL No. 541 of 2023

               BETWEEN:-
               SMT. NAGMA KHAN W/O RAJU KHAN, AGED ABOUT 30
               Y E A R S , OCCUPATION:    HOUSEWIFE      R/O
               TEJENDRANATH WALI GALI, LOHIYA BAZAR LASHKAR
               GWALIOR (MADHYA PRADESH)

                                                                                   .....APPELLANT
               (BY SHRI VIVEK KUMAR VYAS- ADVOCATE )

               AND
               1.          THE STATE OF MADHYA PRADESH THROUGH
                           POLICE STATION GOLA KA MANDIR DISTT.
                           GWALIOR (MADHYA PRADESH)

               2.          COM PLAIN AN T THROUGH POLICE STATION
                           GOLA KA MANDIR DISTT. GWALIOR (MADHYA
                           PRADESH)

                                                                               .....RESPONDENTS
               (BY SHRI PRAMOD PACHAURI- PUBLIC PROSECUTOR FOR
               RESPONDENT NO.1/STATE
               NONE FOR RESPONDENT NO.2 DESPITE INTIMATION )

                           Th is appeal coming on for hearing this day, t h e court passed the
               following:
                                                       ORDER

This criminal appeal has been preferred under Section 14-A(2) of the Act against the impugned order dated 30/12/2022 passed by Special Judge (Atrocities), Gwalior whereby appellant's application under Section 439 of the Signature Not Verified Code of Criminal Procedure has been rejected.

10:55:25 AM The appellant has been arrested on 24/12/2022 in connection with Crime 2 No.698/2022 registered at Police Station- Gola Ka Mandir, District- Gwalior (M.P.) in relation to the offence punishable under Sections 294, 306, 506 and 34 of IPC and Sections 3(2)(V), 3(2)(Va) and 3(1)(da, dha) of the Act.

Allegations against the appellant and other co-accused, in short, are that appellant alongwith other co-accused person used to torture the deceased- Jayshriram Mujauriya who was a retired Sub-Inspector and threaten to implicate in false rape case, due to which, deceased committed suicide by hanging himself. Thereafter, merg was recorded and suicide note was found in which it was mentioned that present appellant and other co-accused persons namely- Sansar Khan, Ruksan Khan, Aarju, Reshma, Pintu, Sonu, Bhaiya, Gulshan and Dr. Satish Goyal took obscene photographs of him and threatened him to implicate in false rape case and in that regard, appellant and other co-accused took about Rs.10,00,000/- for three scooties and one flat from the deceased. Besides this, appellant was continuously torturing the deceased, due to which, he committed suicide. Statements of the witnesses were recorded. Dead body Panchnama was prepared and dead body was sent for postmortem. As per postmortem, deceased died due to asphyxia as a result of ante mortem hanging. After enquiry, FIR was registered against the appellant and other co-accused persons.

Learned counsel for the appellant submitted that the appellant is women aged about 30 years and has been falsely implicated in the case. Appellant is in custody since 24/12/2022 and she is the permanent resident of District- Gwalior (M.P.). There is no likelihood of her absconsion or tampering with the evidence. The appellant is ready to abide by all the terms and conditions as may Signature Not Verified be imposed by this Court. With the aforesaid submissions, prayer for grant of Signed by: MADHU SOODAN PRASAD Signing time: 11-01-2023 10:55:25 AM bail is made.

Learned counsel for the State opposed the appeal and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

Heard the arguments advanced by learned counsel for the parties and perused the case diary.

Looking to the facts and circumstances of the case, but without commenting on the merits of the case, the present appeal is allowed and order dated 30/12/2022 is set-aside and it is directed that if appellant furnishes cash surety of Rs.25,000/- alongwith a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, she should be released on bail.

She will present during trial before the trial Court on each and every date. In case of any default, aforesaid cash security shall be forfeited without giving any notice.

This criminal appeal stands disposed of in above terms. Let a copy of this order be sent to the Court concerned for information. Certified copy as per rules/directions.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-