Madhya Pradesh High Court
Shankar Dayal Lodhi (Rajpoot) vs The State Of Madhya Pradesh on 1 July, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 1st OF JULY, 2022
MISC. CRIMINAL CASE No. 26678 of 2022
Between:-
1. SHANKAR DAYAL LODHI (RAJPOOT) S/O SHRI
HARDAS LODHI, AGED ABOUT 58 YEARS,
OCCUPATION AGRICULTURIST.
2. SMT. SHEELA @ SHEELA BAI LODHI (RAJPOOT)
W/O SHANKAR DAYAL LODHI, AGED ABOUT 52
YEARS, OCCUPATION: HOUSEWIFE.
BOTH R/O VILLAGE RANGUWAN, POLICE
STATION MAGUWAN, DISTRICT CHHATARPUR
(M.P.)
.....PETITIONER
(BY SHRI ANOOP KUMAR SAXENA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION MATGUWAN, DISTRICT
CHHATARPUR (M.P.)
.....RESPONDENTS
(SHRI PUNEET SHROTI - PANEL LAWYER FOR
RESPONDENT/STATE AND SHRI PRAVESH NAVERIYA -
ADVOCATE FOR THE OBJECTOR)
This first bail application coming on for admission this day, the court
passed the following:
ORDER
This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail to the applicants, who are in custody Signature Not Verified SAN since 18.04.2022 in connection with Crime No. 48 of 2022 for offence Digitally signed by PUSHPENDRA PATEL Date: 2022.07.01 18:40:27 IST punishable under Sections 304-B, 34, 498-A of IPC registered at Police Station 2 Matguwan, District Chhatarpur.
I t is submitted by learned counsel for the applicants that applicants Shankar Dayal Lodhi (Rajpoot) and Smt. Sheela @ Sheela Bai Lodhi (Rajpoot) are respectively father-in-law and mother-in-law of the deceased. It is submitted that marriage of the deceased with son of the present applicants was solemnized on 10.03.2017. A day prior to the commission of suicide, deceased herself had lodged a report under Section 155 of the Cr.P.C. to the effect that she has problem of stammering while speaking, as a result her husband refuses to keep her and at 11 a.m. her husband and mother-in-law Sheela Bai asked her to leave home as she has problem of stammering. She was informed that she is not suitable for her husband. It is further submitted that none of the ingredients under Section 304-B of IPC are made out and at best this will be a case under Section 498-A of IPC. It is submitted that the applicants are in custody since 18.04.2022. Trial will take time for its conclusion. There is no criminal history of the applicants. Hence, prayer is made to enlarge the applicants on bail.
Shri Pravesh Naveriya, learned counsel for the objector opposes the application and submits that ingredients of offence under Section 306 of IPC will be attracted in the present case.
Shri Puneet Shroti, learned Panel Lawyer also opposes the application but is in agreement that ingredients of offence under Section 304-B of IPC are not made out from the NCR of the deceased lodged by herself a day prior to the incident.
Taking these facts into consideration and the fact that no custodial interrogation of the applicants is required in the matter and the applicants have Signature Not Verified SAN no criminal history, this Court is of the opinion that it is a fit case to enlarge the Digitally signed by PUSHPENDRA PATEL Date: 2022.07.01 18:40:27 IST applicants on bail, therefore, without commenting anything on the merits of the 3 case, this application is allowed.
It is directed that applicants - Shankar Dayal Lodhi (Rajpoot) and Smt. Sheela @ Sheela Bai Lodhi (Rajpoot) be released on bail on their furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties in the like amount to the satisfaction of the Trial Court concerned for their appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial. The applicants shall abide by the conditions as enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus/Omicron virus before and after releasing the applicant.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE pp Signature Not Verified SAN Digitally signed by PUSHPENDRA PATEL Date: 2022.07.01 18:40:27 IST