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[Cites 4, Cited by 1]

Madhya Pradesh High Court

Sunil Parwani vs The State Of Madhya Pradesh Judgement ... on 6 May, 2014

                         Misc. Criminal Case No. 6168/2014


               6.5.2014
                  Shri Vishal Dhagat, learned counsel for the petitioner.
                  Shri K. S. Patel, learned Panel Lawyer for the State.
                  This is an application for grant of anticipatory bail to
            petitioner under Section 438 of the Code of Criminal Procedure
            for offence registered under Section 498/34 of the IPC          in
            connection with Crime No. 331/2014 at Police Station Garha
            District Jabalpur.
                  Heard. Case diary perused.
                  According to prosecution, on 30.3.2014 wife of the
            petitioner namely Sarita lodged a report making allegations of
            harassment and cruelty against the petitioner along with his
            parents within a period of three years of her married life.
                   Learned counsel appearing on behalf of the petitioner
            submits that on account of some minor matrimonial issues not
            only husband, but his parents have also been implicated in
            this case and they have been released on bail.
                  Learned Panel Lawyer appearing on behalf of the
            respondent-State submits that petitioner is a habitual of

drinking, abusing and beating.

In response, learned counsel for the petitioner submits that possibility of amicable settlement of matrimonial dispute is still there. Case is triable by the Magistrate.

On due consideration of the facts and circumstances of the case, I deem it proper to grant anticipatory bail to the petitioner. Petitioner Sunil Parwani is directed to join the investigation immediately and fully cooperate with the investigating agency and the trial. In the event of arrest, petitioner shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- with surety in the like amount each to the satisfaction of Arresting Officer. Conditions of Section 438 (2) of Cr.P.C. shall apply on the petitioner during currency of bail.

Certified copy as per rules.

                                              (Tarun Kumar Kaushal)            Judge AD/