Madhya Pradesh High Court
Maya Thakur vs The State Of Madhya Pradesh on 22 May, 2017
MCRC-7385-2017
(MAYA THAKUR Vs THE STATE OF MADHYA PRADESH)
22-05-2017
Shri R.D. Singh, learned counsel for the applicants.
Shri D.K. Paroha, learned Panel Lawyer for respondent-State.
Heard.
This is first bail application filed on behalf of the applicants under Section 439 of the Cr.P.C.
The applicants are in custody since 14.04.2017 in connection with Crime No.182/17 registered at Police Station Patharia, District Damoh (M.P.) for the offence punishable under Section 306/34 of IPC.
It is alleged that applicant No.1, who is mother-in-law of deceased came to the house of the deceased and due to some disputes, she took applicant No.2 Sapna, who is wife of the deceased, to her house. On 24.08.2016 deceased was in his in laws house (house of applicant No.1) and applicant No.2 was also present in the house. On 24.08.2016 deceased Raghvendra Singh Thakur got hospitalized in Patharia Hospital and was further referred to Damoh Hospital. During treatment, on 25.08.2016, he died and on the basis thereof, marg No.0/16 under Section 306 of IPC has been registered. The autopsy of deceased was conducted. In FSL report, poisonous substance namely zinc phosphide was found.
Learned counsel for the applicants submits that applicants are innocent and they have been falsely implicated in this case. It is also submitted that the FIR has been registered after 7 months of the incident. The deceased has committed suicide. Applicants have not played any role in the death of the deceased. They are ready to furnish bail as per the order, abiding with all conditions imposed by the Court. Under these circumstances, learned counsel prays for grant of bail to the applicant.
Per-contra, learned Panel Lawyer for respondent-State opposes the bail application.
After hearing arguments of the parties, looking to the facts and circumstances of the case, I am of the considered view that it would be appropriate to release the applicants on bail, therefore, without commenting on the merits of the case, application of the present applicants namely, Maya Thakur and Sapna Thakur under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicants be released on bail on their furnishing a bail bond in the sum of Rs.40,000/- (Rupees Forty Thousand) each with one surety each of the same amount to the satisfaction of the JMFC concerned or trial Court for their appearance before them on the dates given by the concerned Court. It is further directed that the applicants shall comply the provisions of Section 437(3) of the Cr.P.C.
Certified copy as per rules.
(H.P. SINGH) JUDGE GT