Madhya Pradesh High Court
Smt. Ganesh Bai vs The State Of Madhya Pradesh Thr on 13 October, 2017
M.Cr.C. No.17785/2017
(Smt. Ganesh Bai Vs. State of M.P.)
13.10.2017
Shri D.R. Mahour, learned counsel for the applicant.
Shri Vivek Bhargava, learned Public Prosecutor for
the respondent/State.
Heard arguments.
Perused case diary and material on record. This is the first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail as she apprehends her arrest in Crime No.557/2017 registered at Police Station Gole Ka Mandir Gwalior against her and three other co-accused persons for the offences punishable under Sections 306 read with 34 of the IPC.
According to the prosecution, on 11.09.2017 in village Jaderua the applicant and co-accused persons namely Jai Singh, Vijay Singh and Badan Singh raised an objection to deceased Harikishan as to why Vishal Jatav is living in his house. Thereupon, an altercation took place between the deceased on the one side and the applicant and the co-accused on the other side. At that time, co-accused Vijay Singh gave a slap to the deceased. Feeling aggrieved thereby, on 12.09.2017 he committed suicide by hanging himself in his agricultural field.
Learned counsel for the applicant submits that the applicant is a 65 years of old woman and that she has no criminal antecedents. He submits that co-accused Badan M.Cr.C. No.17785/2017 (Smt. Ganesh Bai Vs. State of M.P.) Singh is her husband and co-accused Jai Singh and Vijay Singh are her sons. He submits that the allegation against the applicant is that she hurled abuses at the deceased along with co-accused persons. He submits that if the prosecution case is accepted on the face value despite that no offence under Section 306 of the IPC is made out against the applicant on account of her said act and the missing of ingredients of abetment in her act as defined under Section 107 of the IPC. He submits that looking to the allegation levelled against the applicant, her custodial interrogations are not required. He assures on behalf of the applicant that if she is granted anticipatory bail by this Court, she would co-operate with the Investigation Officer in the investigation of the case. Upon these submissions, he prays for grant of anticipatory bail to the applicant.
Learned Public Prosecutor opposes the prayer. Taking into consideration the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel and the act of the applicant in the course of the incident, but without commenting on merits of the case, I am of the opinion that it is a fit case for grant of anticipatory bail to applicant Smt. Ganesh Bai with certain conditions. Allowing her application, the applicant is directed to appear before the Investigation Officer of the case on or before 30.10.2017 for interrogations and submission of M.Cr.C. No.17785/2017 (Smt. Ganesh Bai Vs. State of M.P.) documentary proofs of her permanent address and contact numbers, if any. The Investigating Officer is ordered that if he arrests the applicant in the case, she be released by him immediately on bail upon her furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with one solvent surety of the same amount to his/her satisfaction. Further, she will abide by the conditions enumerated in Section 438(2) of the Cr.P.C. It is made clear that if the applicant fails to appear before the Investigating Officer on the stipulated period of time, this order shall automatically stand cancelled.
Certified copy as per rules.
(Rajendra Mahajan)
SS Judge