Madhya Pradesh High Court
Smt. Sushma Sahu vs The State Of Madhya Pradesh on 29 January, 2020
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-54896-2019
The High Court Of Madhya Pradesh
MCRC-54896-2019
(SMT. SUSHMA SAHU Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 29-01-2020
Shri Pradeep Kumar Singh, learned counsel for the Petitioner.
Shri R.P. Singh, learned P.L. for the State.
Case diary is available.
This is first application filed by applicant under Section 439 of Cr.P.C
for grant of bail in connection with Crime No.401/2019, registered at Police
Station Arkashi Kendra Naigarhi District Rewa. for the offence under
Sections 498-A and 304/B/34 of IPC and under Sections 3/4 of Dowry
Prohibition Act.
As per allegation, the applicant has caused cruelty and ill treated on
account of demand of dowry as a result of which deceased committed
suicide by hanging.
Learned counsel for the applicant submits that the applicant is a lady
and has been falsely implicated. She has not committed any offence. No
overtact of the applicant has been attributed in the commission of the
offence. He further submits that along with the application, he has filed
documents relating to pregnancy of the applicant. She is in advance stage of
pregnancy and the expected date of delivery is 26.02.2020. The applicant is
in custody since 24.12.2019. The trial would take considerable time to
conclude. On these grounds, learned counsel prays for grant of bail to the
applicant.
Per contra, learned Govt. Advocate for the respondent/State opposes
the application and prays for its rejection.
Heard counsel for the respective parties and perused the case diary along with the medical papers. Considering the entire facts and circumstances of the case and the fact that applicant is in advance stage of pregnancy and the expected date of delivery is 26.02.2020 so also the fact that trial would take considerable time to conclude, hence without commenting anything on Digitally signed by PRASHANT BAGJILEWALE Date: 29/01/2020 04:21:16 2 MCRC-54896-2019 merits of the matter on humanitarian ground, the applicant may be enlarged on bail, therefore, the application is allowed. It is directed that the applicant be released on bail upon her furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One lacs) with one solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :
(1) The applicant will comply with all the terms and conditions of the bond executed by him;
(2) The applicant will cooperate in the trial; (3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;
(4) The applicant shall not commit an offence similar to the offence of which she/he is accused;
(5) The applicant will not seek unnecessary adjournments during the trial;
(6) The applicant will not leave India without previous permission of the trial Court;
(7) The applicant shall inform the Investigating Officer/trial Court about his address and residence in case she/he moves out from his permanent address for any point of time; and (8) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified copy as per rules.
Digitally signed by PRASHANT BAGJILEWALE Date: 29/01/2020 04:21:163 MCRC-54896-2019 (AKHIL KUMAR SRIVASTAVA) JUDGE pb Digitally signed by PRASHANT BAGJILEWALE Date: 29/01/2020 04:21:16