Madhya Pradesh High Court
Bablu Rathore vs The State Of Madhya Pradesh on 8 March, 2017
MCRC-3397-2017
(BABLU RATHORE Vs THE STATE OF MADHYA PRADESH)
08-03-2017
Shri L.N. Sakle, counsel for the petitioner.
Shri D.K. Paroha, Panel Lawyer for the respondent/State.
Heard on this first application for bail under Section 439 of the Code of Criminal Procedure, 1973, filed on behalf of the petitioner Bablu Rathore in crime no.1061/2016 registered by P.S. Harda, District Harda for the offences punishable under Section 306 of the IPC.
As per the prosecution case, the petitioner was married to the deceased about 8 years before the date of the incident. He used to suspect her character and used to consume liquor and filthyly abuse and beat up the deceased. An agreement was entered into between the parties in this regard on 17.08.2015. The petitioner swore an affidavit in this regard. Thereafter, on 28.8.2016, the deceased committed suicide by setting herself ablaze at her matrimonial home. Learned counsel for the petitioner has submitted that there are two dying declaration, first one recorded by the police and second one recorded by the Executive Magistrate on 01.09.2016, wherein she has stated that she was taking the oil lamp from the overhead rack which fell down and her clothes were doused in kerosene and caught fire. It has further been submitted that the petitioner has been in custody since 28.12.2016; therefore, it has been prayed that the petitioner be released on bail.
Learned Panel Lawyer for the respondent/State has opposed the application for bail.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts that:
1. the petitioner had married the prosecutrix more than 9 years before the date of the incident;
2. as per the two dying declarations, one of which recorded by an Executive Magistrate, the death was accidental;
3. the petitioner has been in custody since 28.12.2016;
-in the opinion of this Court, the petitioner deserves to be released on bail.
Consequently, this first application for bail under Section 439 of the Cr.P.C. filed on behalf of the petitioner Bablu Rathore is allowed.
It is directed that the petitioner Bablu Rathore shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000/- with a solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the concerned Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.
Certified copy as per rules.
Shri L.N. Sakle, counsel for the petitioner. Shri D.K. Paroha, Panel Lawyer for the respondent/State. Heard on this first application for bail under Section 439 of the Code of Criminal Procedure, 1973, filed on behalf of the petitioner Bablu Rathore in crime no.1061/2016 registered by P.S. Harda, District Harda for the offences punishable under Section 306 of the IPC.
As per the prosecution case, the petitioner was married to the deceased about 8 years before the date of the incident. He used to suspect her character and used to consume liquor and filthyly abuse and beat up the deceased. An agreement was entered into between the parties in this regard on 17.08.2015. The petitioner swore an affidavit in this regard. Thereafter, on 28.8.2016, the deceased committed suicide by setting herself ablaze at her matrimonial home. Learned counsel for the petitioner has submitted that there are two dying declaration, first one recorded by the police and second one recorded by the Executive Magistrate on 01.09.2016, wherein she has stated that she was taking the oil lamp from the overhead rack which fell down and her clothes were doused in kerosene and caught fire. It has further been submitted that the petitioner has been in custody since 28.12.2016; therefore, it has been prayed that the petitioner be released on bail.
Learned Panel Lawyer for the respondent/State has opposed the application for bail.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts that:
1. the petitioner had married the prosecutrix more than 9 years before the date of the incident;
2. as per the two dying declarations, one of which recorded by an Executive Magistrate, the death was accidental;
3. the petitioner has been in custody since 28.12.2016;
-in the opinion of this Court, the petitioner deserves to be released on bail.
Consequently, this first application for bail under Section 439 of the Cr.P.C. filed on behalf of the petitioner Bablu Rathore is allowed.
It is directed that the petitioner Bablu Rathore shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000/- with a solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the concerned Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.
Certified copy as per rules.
Shri L.N. Sakle, counsel for the petitioner. Shri D.K. Paroha, Panel Lawyer for the respondent/State. Heard on this first application for bail under Section 439 of the Code of Criminal Procedure, 1973, filed on behalf of the petitioner Bablu Rathore in crime no.1061/2016 registered by P.S. Harda, District Harda for the offences punishable under Section 306 of the IPC.
As per the prosecution case, the petitioner was married to the deceased about 8 years before the date of the incident. He used to suspect her character and used to consume liquor and filthyly abuse and beat up the deceased. An agreement was entered into between the parties in this regard on 17.08.2015. The petitioner swore an affidavit in this regard. Thereafter, on 28.8.2016, the deceased committed suicide by setting herself ablaze at her matrimonial home. Learned counsel for the petitioner has submitted that there are two dying declaration, first one recorded by the police and second one recorded by the Executive Magistrate on 01.09.2016, wherein she has stated that she was taking the oil lamp from the overhead rack which fell down and her clothes were doused in kerosene and caught fire. It has further been submitted that the petitioner has been in custody since 28.12.2016; therefore, it has been prayed that the petitioner be released on bail.
Learned Panel Lawyer for the respondent/State has opposed the application for bail.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts that:
1. the petitioner had married the prosecutrix more than 9 years before the date of the incident;
2. as per the two dying declarations, one of which recorded by an Executive Magistrate, the death was accidental;
3. the petitioner has been in custody since 28.12.2016;
-in the opinion of this Court, the petitioner deserves to be released on bail.
Consequently, this first application for bail under Section 439 of the Cr.P.C. filed on behalf of the petitioner Bablu Rathore is allowed.
It is directed that the petitioner Bablu Rathore shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000/- with a solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the concerned Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.
Certified copy as per rules.
Shri L.N. Sakle, counsel for the petitioner. Shri D.K. Paroha, Panel Lawyer for the respondent/State. Heard on this first application for bail under Section 439 of the Code of Criminal Procedure, 1973, filed on behalf of the petitioner Bablu Rathore in crime no.1061/2016 registered by P.S. Harda, District Harda for the offences punishable under Section 306 of the IPC.
As per the prosecution case, the petitioner was married to the deceased about 8 years before the date of the incident. He used to suspect her character and used to consume liquor and filthyly abuse and beat up the deceased. An agreement was entered into between the parties in this regard on 17.08.2015. The petitioner swore an affidavit in this regard. Thereafter, on 28.8.2016, the deceased committed suicide by setting herself ablaze at her matrimonial home. Learned counsel for the petitioner has submitted that there are two dying declaration, first one recorded by the police and second one recorded by the Executive Magistrate on 01.09.2016, wherein she has stated that she was taking the oil lamp from the overhead rack which fell down and her clothes were doused in kerosene and caught fire. It has further been submitted that the petitioner has been in custody since 28.12.2016; therefore, it has been prayed that the petitioner be released on bail.
Learned Panel Lawyer for the respondent/State has opposed the application for bail.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts that:
1. the petitioner had married the prosecutrix more than 9 years before the date of the incident;
2. as per the two dying declarations, one of which recorded by an Executive Magistrate, the death was accidental;
3. the petitioner has been in custody since 28.12.2016;
-in the opinion of this Court, the petitioner deserves to be released on bail.
Consequently, this first application for bail under Section 439 of the Cr.P.C. filed on behalf of the petitioner Bablu Rathore is allowed.
It is directed that the petitioner Bablu Rathore shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000/- with a solvent surety in the same amount to the satisfaction of the trial Court for his appearance before the concerned Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.
Certified copy as per rules.
(C V SIRPURKAR) JUDGE ak