Madhya Pradesh High Court
Smt. Komal Bai Lodhi vs The State Of Madhya Pradesh on 26 February, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-5500-2018
(SMT. KOMAL BAI LODHI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 26-02-2018
Shri Ranjan Banerjee, learned counsel for the applicant.
Shri Vivek Lakhera, learned Government Advocate for the
respondent/State.
Arguments heard. Case diary perused. This is first bail application under Section 439 of the Cr.P.C. filed on sh behalf of applicant Smt. Komal Bai Lodhi, who is in custody since 04.10.2017 in e relation to Crime No.339/2017 registered at Police Station-Amanganj, District-
ad Panna (MP) for the offence punishable under Sections 294, 323, 506, 302 read with Section 34 of the I.P.C.
Pr The allegation against the applicant is that he along with other co-accused persons committed murder of one Ram Kishore by assaulting him with lathi on a his head.
hy It is submitted that the applicant is innocent and has been falsely ad implicated in the case. The applicant is in custody since 04.10.2017. Charge-sheet has been filed. Trial will take time. It is further submitted that in this case M statement of the deceased was prepared falsely and he died before the the recording of the statement and there is inordinate delay in recording the statement of of the other witnesses. Hence, prayed that the applicant/accused be released on rt bail.
ou Learned Government Advocate appearing for the State opposed the application and prayed for its rejection stating that the eye witnesses of the C incident are reliable and in view of the murder she is not entitled to be released on bail.
h ig Having considered the contentions of learned counsel for the parties and on perusal of record, in view of this Court the applicant is entitled to get benefit H of bail, hence this application is allowed without commenting anything on the merits of the case. It is ordered that applicant Smt. Komal Bai be released on bail on her furnishing a personal bond for the sum of Rs.25,000/- (Rs.Twenty Five Thousand only) with a solvent surety in the like amount to the satisfaction of the trial court for securing her presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
Certified copy as per rules.
(J. P. GUPTA) JUDGE Sha Digitally signed by SHALINI SINGH LANDGE Date: 2018.02.26 04:05:20 -08'00' sh e ad Pr a hy ad M of rt ou C h ig H