Madhya Pradesh High Court
Pramod Katre vs State Of M.P. on 23 April, 2021
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 MCRC-33408-2020
The High Court Of Madhya Pradesh
MCRC-33408-2020
(PRAMOD KATRE Vs STATE OF M.P.)
12
Jabalpur, Dated : 23-04-2021
Heard through Video Conferencing.
Mr. Dhirendra Singh Parihar, learned counsel for the applicant.
Mr. Utkarsh Agrawal, learned Panel Lawyer for the respondent-State.
This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant Pramod Katre, in connection with Crime No.68/2020 for the offences punishable under Sections 498A,304B,306 of the IPC registered at Police Station Roopjhar, District Balaghat.
The applicant is in judicial custody since 22.5.2020 in the aforesaid case. Inter alia the offence under section 304B IPC is also present in the FIR. The charge sheet has been filed. The applicant is the husband of the deceased. As the marriage undisputedly had taken place in the year 2011 and his wife had committed suicide in the year 2020, which is more than 9 years after the marriage, the offence under section 304 B IPC, prima facie is not applicable. The other two offences are under section 498A and 306 IPC.
The learned counsel for the State while opposing the application for grant of bail has submitted that the applicant was harassing his wife to bring Rs.50,000/-. He says that even the relations of the applicant themselves have supported the case of the prosecution in the 161 statement and have stated so as hereinabove.
Be that as it may, looking at the period of incarceration already undergone by the applicant as an under trial and as stated earlier that the offence of section 304-B IPC prima facie appears inapplicable, and the allegation against the applicant is only of harassing his wife to bring Rs.50,000/-, and as an early conclusion of the Trial appears to be very Signature Not Verified SAN improbable in the present condition, the application is allowed. It is Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2021.04.24 17:49:52 IST 2 MCRC-33408-2020 directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial court.
The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the Novel Corona Virus (COVID-19) disease and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities.
Certified copy as per rules.
(ATUL SREEDHARAN) JUDGE ss Signature Not Verified SAN Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2021.04.24 17:49:52 IST