Madhya Pradesh High Court
Smt. Jamnabai vs The State Of Madhya Pradesh on 27 March, 2017
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M. CR. C. No. 3105 / 2017
27/03/2017
Mr. Vijay Dubey, learned counsel for the applicants.
Mrs. Mamta Shandilya, learned counsel for the
respondent - State.
This application u/S. 438 of the Code of Criminal Procedure, 1973 is filed by applicants Smt. Jamnabai and Smt. Shyamubai who are apprehending their arrest in connection with Crime No. 69/2017 registered at Police Station Nagda for commission of offence punishable u/S. 147, 148, 149, 307 and 323 of the Indian Penal Code.
It has been argued by the learned counsel for the applicants that on 29/1/2017 on the report lodged by complainant that applicants along with other persons have assaulted them, a criminal case has been registered. It has also been argued that the only allegation against the applicants is that they have caught hold of the complainant and other accused persons have caused injuries.
Learned counsel for the respondent - State has read out the statements available in the case diary. She has categorically stated that the allegation against the applicants is that they have caught hold of the complainant and other persons have assaulted. However, she has fairly stated that so far as the question of assault is concerned, the present applicants have not assaulted the complainant. It has also been brought to the notice of this Court that the injuries are
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very serious in nature and hence prayed for dismissal of the bail.
After hearing learned counsel for the parties and keeping in view the peculiar facts and circumstances of the case, this Court is of the considered opinion that the present application deserves to be allowed and is accordingly hereby allowed.
It is directed that in the event of arrest of applicants Smt. Jamnabai and Smt. Shyamubai, they be released on bail on their each furnishing personal bond in the sum of Rs.25,000/- (Rs. Twenty five thousand) with one surety in the like amount to the satisfaction of the arrest authority and subject to the usual conditions contained u/S. 438(2) of the Code of Criminal Procedure, 1973. It is further directed that this order shall remain operative only for a period of thirty days from today and in the meanwhile the applicant shall apply for regular bail before the Court of competent jurisdiction.
Certified copy, as per Rules.
(S. C. SHARMA) JUDGE KR