Madhya Pradesh High Court
Heera Lal Kol vs The State Of Madhya Pradesh on 21 April, 2016
M.Cr.C. No. 2518/2016
21.04.2016
Shri Shivraj Kushwaha, learned counsel for the
applicant.
Shri Pradeep Singh, learned Govt. Advocate for the
respondent/State.
Heard.
Perused the case diary.
This is a repeat application filed under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant in connection of Crime No.139/2012, registered at Police Station Chitrangi District Singrauli for commission of offences punishable under Sections 307 and 302 of the Indian Penal Code. Earlier applications were dismissed as withdrawn.
Learned counsel for the applicant submits that the applicant is in jail since 11.10.2013. The witnesses including the son of the deceased have turned hostile. They stated that while she was cooking food saree of the deceased catch hold of the fire, due to which she died. There is dying declaration of the deceased in which she mentioned the fact that Heeralal had set her on fire.
The prayer for bail is opposed by learned Govt. Advocate.
Looking to the aforesaid facts of the case and looking to the statements of the witnesses recorded before the Court below and the period of detention of the applicant which is more than 2 years, without expressing any opinion on merits of the matter, this application is allowed.
It is directed that on furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand) along with one solvent surety in the like amount to the satisfaction of the trial Court, the applicant Heeral Lal Kol be released on regular bail.
The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which he/she is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, treat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
C. C. as per rules.
(S. K. Gangele) Judge AD/