Pooran Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6202 MP

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         THE HIGH COURT OF MADHYA PRADESH
                  M.Cr.C. No.47926/2021
               Pooran Singh vs. State of MP

Gwalior, Dated : 29-09-2021

      Shri Girdhar Gopal Shivhare, learned counsel for applicant.

      Shri Rajeev Upadhyay, learned counsel for State.

      Shri Pallav Triapthi, learned counsel for complainant.

      Case diary is available.

      This third application under Section 439 of Cr.P.C. has been

filed for grant of bail. The second application was dismissed by order

dated 31.07.2021 passed in M.Cr.C. No.37784/2021.

      The applicant has been arrested on 31.03.2021 in connection

with Crime No.104/2021 registered at Police Station Mehgaon Distt.

Bhind for offence under Sections 304-B, 498-A, 34 of IPC and

Section 3/4 of Dowry Prohibition Act.

      It is submitted by the counsel for the applicant that co-accused

Smt. Nisha who is wife of applicant has been granted anticipatory

bail by the Supreme Court.

      Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the deceased was married to

the son of applicant on 25.02.2020 and she committed suicide on

09.03.2021

. The allegations are that the applicant and other co-

accused persons were demanding a four wheeler vehicle and an

amount of Rs. 2 lakhs and on account of non-fulfillment of the said

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.47926/2021 Pooran Singh vs. State of MP

demand, she was harassed and treated with cruelty. As a result, she

committed suicide within one year and one month of her marriage. It

is submitted that 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, applicant is not entitled for bail.

At this stage, it is submitted by counsel for applicant that

applicant is suffering from piles which is evident from the certificate

dated 09.09.2021 issued by the Assistant Superintendent of Jail, Sub

Jail Mehgaon, District Bhind.

So far as the ailment of applicant is concerned, he can be

operated upon for the treatment of piles and such an operation cannot

be said to be a major surgery and is also available in the district

hospital Bhind.

Accordingly, the Jail Authorities are directed to provide every

possible best treatment to the applicant for his ailment.

With the aforesaid observation, the application is dismissed.

(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2021.09.29 17:57:39 +05'30'