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[Cites 7, Cited by 1]

Madhya Pradesh High Court

Smt. Mathura Bai vs The State Of Madhya Pradesh on 5 April, 2016

                           MCRC-3626-2016
              (SMT. MATHURA BAI Vs THE STATE OF MADHYA PRADESH)


05-04-2016

     Shri M.K. Tripathi, learned counsel for the applicant.
   Shri A.P. Singh, learned Public Prosecutor for the respondent/

State.

Heard.

This is first application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant who has been arrested in connection with Crime No. 380/2015, registered at P.S.- Lalbag, District- Burhanpur, for the offence punishable under Sections 294, 323, 506/34 and 302 of the IPC.

The applicant is a lady, there arose some quarrel between the deceased and sons of the present applicant Vikas and Chetan. The allegation against the applicant is that Vikas and Chetan forcibly stopped the deceased on the instruction of the present applicant. There is no allegation that the present applicant had inflicted any injury to the deceased. She is mother of the main accused persons.

The prayer for bail is opposed by learned Public Prosecutor.

Looking to the nature and facts of the case but without expressing any opinion on the merits of the case, this application is allowed.

It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) by the applicant along with one solvent surety in the like amount to the satisfaction of Trial Court, the applicant be released on bail with a direction to appear before the trial court on the date of the trial.

The applicant shall abide by the following conditions of 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 she is accused, or suspected, of the commission of which she is suspected, and
(c) that such person shall not directly or indirectly make any inducement, threat 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.

Certified copy as per rules.

(S.K. GANGELE) JUDGE MISHRA