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Madhya Pradesh High Court

Hira Bai vs The State Of Madhya Pradesh on 1 July, 2020

Author: Shailendra Shukla

Bench: Shailendra Shukla

                              1
  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
         MISC. CRIMINAL CASE NO.17544 OF 2020
             (Hira Bai vs State of Madhya Pradesh)

Indore, Dated 01.07.2020
     Mr. Ranjeet Sen, learned counsel for the applicant.
     Mr. Saransh Jain, learned public prosecutor for the
non-applicant/State.
     Arguments heard.
                            ORDER

This is first anticipatory bail application under Section 438 of Code of Criminal Procedure, 1973 filed by the applicant - Hira Bai as she is apprehending her arrest in connection with Crime No.24/2020 registered at Police Station-Khetiya, District-Badwani (MP) for the offence punishable under Sections 459, 452, 294, 323, 506 and 34 of Indian Penal Code, 1860.

The applicant was earlier granted bail under Section 452 IPC, however later on Section 459 IPC was enhanced which is triable by Sessions Court. Section 459 IPC is attracted when grievous hurt is caused while committing lurking tress pass and house breaking.

Learned counsel for the applicant submits that Section 459 IPC is not attracted because the place where the incident took place was an under construction house and there could not have been either house breaking or lurking house tress pass.

Learned public prosecutor for the non-applicant/State was also heard and he has opposed the bail application.

Considered.

In view of the fact that the applicant is a lady of 57 2 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.17544 OF 2020 (Hira Bai vs State of Madhya Pradesh) years old and earlier she has been granted regular bail by JMFC and the fact having remained unchanged and there being substance in the submissions of learned counsel for the applicant, but without making any opinion on merits of the case, the application filed by the applicant - Hira Bai is allowed and it is directed that in the event of arrest of applicant in connection with the aforesaid crime number, the applicant shall be released on bail upon her furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety in the like amount to the satisfaction of Arresting Officer. It is specifically ordered that the applicant shall appear before the Investigating Officer (IO) on all subsequent dates as may be desired and shall also render assistance in the investigation process and on failure to do so, her anticipatory bail granted by this Court shall liable to be canceled without further reference to the Court.

This order shall be governed by the conditions No.1 to 3 of sub-section (2) of Section 438 of Criminal Procedure Code, 1973. Certified copy as per Rules.

(SHAILENDRA SHUKLA) JUDGE Arun/-