Madhya Pradesh High Court
Hassina Bee vs The State Of Madhya Pradesh on 8 May, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 MCRC-19470-2021
The High Court Of Madhya Pradesh
MCRC-19470-2021
(HASSINA BEE Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 08-05-2021
Shri Manoj Saxena, learned counsel for the applicant.
Shri Harshwardhan Sharma, Panel Lawyer for the respondent/State.
Heard through Video Conferencing.
This is the third repeat application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant Hassina Bi who is the sister-in-law (jethani) of the deceased Marzina. Applicant is in custody since 13.08.2020 in connection with Crime No.216/2020 registered at Police Station Shujalpur city, District Shajapur for the offence punishable under Sections 498-A/34 and 304-B of IPC.
A s per the prosecution case, deceased Marzina was married to one Irshad about six years ago from the date of incident. She had two daughters and at the time of her unnatural death on 30.7.2020 she was pregnant. On marg intimation, the FIR was registered and investigation started. The parents of the deceased have made allegation that her husband Irshad, Imran(devar), brother-in-law (jeth)-Ikrar, mother-in-law Salma and present applicant sister in law (jethani)-Haseena Bi used to harass her for demand of dowry. Despite having paid Rs. 1 Lac and Rs.20,000/- on two occasions, still the demand of dowry had not come to an end. As a result the deceased committed suicide. Accordingly, the case has been registered against the applicant and co- accused persons.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present crime. Applicant, a lady is in custody since 13.08.2020. She has no criminal antecedents. She is not required for further custodial investigation as challan has been filed. The applicant has been made accused only on the basis of omnibus allegation which otherwise do not constitute any offence. Applicant is having a child of Signature Not Verified SAN fifteen months with her in jail who is suffering from heart ailment. Co-accused Digitally signed by SEHAR HASEEN Date: 2021.05.08 17:02:48 IST 2 MCRC-19470-2021 Imran, who was the brother-in-law(devar) has already been enlarged on bail by order dated 16.03.2021 passed in M.CrC. No. 6990/2021. Moreso, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.
Per contra, learned Panel Lawyer for the respondent/State supporting the order impugned opposes the bail application.
Upon hearing counsel for the parties but without commenting upon the rival contentions, regard being had to the fact that the applicant, a lady with no criminal antecedents is in custody since 13.08.2020 and about nine months period has passed by and fifteen months old child with heart ailment is also there with her in jail , investigation is complete and charsheet has been filed. She is not required for custodial investigation. Co-accused Imran has already been enlarged on bail(supra). Moreso, due to the Covid-19 situation, trial is not likely to conclude early in the near future. Hence, she is held entitled for enlargement on bail.
Consequently, the application of the applicant filed under Section 439 Cr.P.C. is hereby allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.3,00,000/- (Rs.Three Lacs only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that she shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:
(i) the applicant shall mark her attendance before the concerned Police Station on 2nd and 4th Saturday of every month between 10.00 am to 12.00 noon.
(ii) the applicant will abide by the terms and conditions of various Signature Not Verified SAN circulars and orders issued by the Government of India and the State Digitally signed by SEHAR HASEEN Date: 2021.05.08 17:02:48 IST
3 MCRC-19470-2021 Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);
(iii) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that she is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order;
(iv)violation of conditions, State is free to apply for cancellation of bail.
(v) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.
Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.
Observation on facts are only for the purpose of deciding the instant bail application and shall have no bearing on the pending trial, in any manner, whatsoever.
E-certified copy as per rules.
(ROHIT ARYA) JUDGE sh Signature Not Verified SAN Digitally signed by SEHAR HASEEN Date: 2021.05.08 17:02:48 IST