Madhya Pradesh High Court
Ramlal vs The State Of Madhya Pradesh on 1 March, 2021
Author: Mohammed Fahim Anwar
1 MCRC-44718-2020
The High Court Of Madhya Pradesh
MCRC-44718-2020
(RAMLAL Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 01-03-2021
Shri Z.M. Shah, learned counsel for the applicant.
Shri Atul Dwivedi, learned PL for the respondent/State.
Case diary is available with the Panel Lawyer.
Heard.
This is first bail application under Section 439 of Cr.P.C for grant of
bail in connection with Crime No.218/2014 registered at Police Station
Padmaker Distt. Sagar for the offence under Sections 306/34 of IPC.
As per the prosecution story, deceased Pothibai @ Jyoti Ahirwar has
attempted to commit suicide on 15.6.2014 at about 1.25 pm by pouring
kerosene oil and setting herself on fire. As a result of which, she burned
badly. She was taken to the hospital by the applicant, who is her husband,
where at about 4.05 pm her dying declaration was recorded. On the same
day, she was reported to be dead. On that basis marg intimation 13/14 was
recorded. Thereafter postmortem was conducted and the statements of family
members of the deceased were also recorded. On the basis of dying
declaration and statements of witnesses, the above mentioned crime was
registered against the applicant and Smt. Haribai, who is mother-in-law of
deceased.
Learned counsel for the applicant has submitted that the applicant is an
innocent person and he has falsely been implicated in the present offence. It
is also submitted that the applicant has no criminal antecedents and he is
ready to furnish bail as per the order and shall abide by all conditions as may
be imposed by the Court. He further submits that the applicant is in jail since
26.6.2020 and the trial will take time for its conclusion. It is also submitted
that trial against co-accused Haribai has also been concluded and she has
been acquitted by the judgment dated 1.8.2017. On these grounds, learned
Signature Not Verified
SAN
counsel for the applicant prays for grant of bail to the applicant.
Digitally signed by SANTOSH MASSEY
Date: 2021.03.01 16:51:12 IST
2 MCRC-44718-2020
Per-contra, learned counsel for the respondent-State opposed the bail
application and has submitted that the applicant has remained absconding for
a long time, therefore, at this stage he does not deserve to be enlarged on bail.
Considering the facts and circumstances of the case, duration of
custody (since 26.6.2020) and also the statements of prosecution witnesses,
which have been recorded during the trial of co-accused Haribai, I am of the
considered view that it is a fit case to release the applicant on bail. Therefore,
without commenting on the merits of the case, application of the present
applicant is hereby allowed.
It is directed that applicant be released on bail on his furnishing a
personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one
solvent surety of the like amount to the satisfaction of the committal/trial
Court to appear before the court on the dates given by the concerned Court.
It is directed that applicant shall comply with the provisions of Section 437(3)
Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the
concerned jail authorities are directed to follow the directions/guidelines
issued by the Government of India with regard to COVID-19 before releasing
the applicant.
M.Cr.C. stands allowed and disposed of.
C.C. as per rules.
(MOHD. FAHIM ANWAR)
JUDGE
SKM
Signature Not Verified
SAN
Digitally signed by SANTOSH MASSEY
Date: 2021.03.01 16:51:12 IST
