Madhya Pradesh High Court
Smt. Mohini Parihar vs The State Of Madhya Pradesh on 23 April, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.19360/2022
Smt. Mohini Parihar vs. State of M.P.
Gwalior, Dated : 23/04/2022
Shri Pallav Tripathi, Counsel for the applicant.
Shri A.K. Nirankari, Counsel for the respondent/State.
Shri B.S. Gour, Counsel for the complainant.
Case diary is available.
This first application under Section 438 of Cr.P.C. has been filed
for grant of anticipatory bail.
The applicant apprehends her arrest in connection with Crime
No.117/2022 registered at Police Station Hazira, District Gwalior for
offence under Section 306, 34 of IPC.
It is submitted by the counsel for the applicant that the deceased
is the husband of the applicant who has committed suicide mainly on
the ground that the applicant had tried to commit suicide by jumping
in front of a running train but she was saved and the applicant had
slapped her in front of the police and, accordingly, the police
constable registered an FIR against the deceased himself. It was
alleged that the applicant is having an extra marital ties and is living
an adulterous life. The applicant as well as her family members were
insisting that the deceased should keep the applicant with him. It is
submitted that even if the entire allegations are accepted, then it may
not amount to abetment of suicide. The applicant is a lady and she is
ready and willing to cooperate with the investigation. The trial is
likely to take sufficiently long time and there is no possibility of his
absconding or tampering with the prosecution case.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.19360/2022
Smt. Mohini Parihar vs. State of M.P.
Per contra, the application is vehemently opposed by the
counsel for the respondent/State as well as counsel for the
complainant. The counsel for the complainant all the time submitted
about the immoral act attributed to the applicant in the dying
declaration but he was unable to point out any judgment to show that
the commission of suicide on the ground that his/her spouse is having
an extra marital relations without any further violent act would make
out an offence under Section 306 of IPC against his/her spouse.
It is always expected from a lawyer to make submissions
supported by legal provision of law or judgment and should not argue
on the basis of morality. Furthermore, the Supreme Court in the case
of Ghusabhai Raisangbhai Chorasiya & Ors. vs. State of Gujarat
reported in (2015) 11 SCC 753 has held that if the spouse of a
deceased is having extra marital relations, then it may not be an
offence under Section 306 of IPC.
Considering the totality of the facts and circumstances of the
case, this Court is of the considered opinion that the applicant can be
granted anticipatory bail. Accordingly, the application is allowed
subject to condition that if the applicant appears before the
Investigating Officer (Arresting Officer) on or before 30.4.2022, she
shall be released on bail on her furnishing a personal bond in the sum
of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like
amount to the satisfaction of the Arresting Officer (Investigating
Officer).
THE HIGH COURT OF MADHYA PRADESH
MCRC No.19360/2022
Smt. Mohini Parihar vs. State of M.P.
The applicant shall make herself available for interrogation by
the Investigating Officer as and when required. She shall further abide
by the other conditions enumerated in sub-section (2) of Section 438
of Cr.P.C.
It is made clear that in case if the applicant fails to appear
before the Investigating Officer (Arresting Authority) on or before
30.4.2022, then this order shall lose its effect and the Investigating
Officer shall be at liberty to take her in custody.
In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021
in Criminal Appeal No.329/2021, the intimation regarding grant of
bail be sent to the complainant.
CC as per rules.
(G.S. Ahluwalia)
Judge
(alok)
ALOK KUMAR
2022.04.23 16:45:21 +05'30'
