Citation : 2021 Latest Caselaw 5223 MP
Judgement Date : 8 September, 2021
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.44370/2021
Lalaram vs. State of M.P.
Gwalior, Dated : 08.09.2021
Shri Rajesh Pathak, Counsel for the applicant.
Smt. Padamshri Agrawal, Panel Lawyer for the
respondent/State.
Case diary is available.
This fourth application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 20.8.2020 in connection
with Crime No.417/2020 registered at Police Station Chanderi,
District Ashoknagar for offence under Sections 498-A, 304-B, 34 of
IPC and under Section 3/4 of the Dowry Prohibition Act.
It is submitted by the counsel for the applicant that by order
9.6.2021 passed in M.Cr.C.No.27180/2021 he was granted temporary
bail for a period of two months and he has surrendered on 20.8.2021.
It is fairly conceded by the counsel for the applicant that the first bail
application of the applicant has already been dismissed on merits by
order dated 5.10.2020 passed in M.Cr.C.No.33586/2020.
In the light of the judgment passed by the Supreme Court in the
case of Taramani Parakh vs. State of M.P. reported in (2015) 11
SCC 260, the period of detention of 11 months cannot be said to be
sufficient specifically when the deceased died within a period of two
THE HIGH COURT OF MADHYA PRADESH MCRC No.44370/2021 Lalaram vs. State of M.P.
years of her marriage and the allegations are that the applicant and
other co-accused persons were compelling and harassing the deceased
to bring the amount of Rs.2,50,000/- which had come in her share in a
Motor Accident Claims award passed on account of death of her
father.
Accordingly, no case is made out for grant of bail. The
application fails and is hereby dismissed.
(G.S. Ahluwalia)
(alok) Judge
ALOK KUMAR
2021.09.08 17:58:13 +05'30'
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