Devlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 8798 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                              ON THE 1st OF JULY, 2022

        MISCELLANEOUS CRIMINAL CASE No. 32006 of 2022

         Between:-
1.       DEVLAL S/O SHRI DHARA PARIHAR, AGED
         ABOUT 80 YEARS,

2.       MAHILA NATTHO BAI W/O DEVLAL, AGED
         ABOUT 68 YEARS,
         BOTH ARE R/O GRAM THARKHEDA, POLICE
         STATION    AMOLA, DISTRICT SHIVPURI
         (MADHYA PRADESH)

                                                           .....APPLICANTS
         (BY SHRI R.K.MISHRA - ADVOCATE)

         AND

         STATE OF MADHYA PRADESH THROUGH
         POLICE STATION AMOLA, DISTRICT SHIVPURI
         (MADHYA PRADESH)

                                                          .....RESPONDENT
         (BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR FOR THE
         STATE)
         (BY SHRI VIJAY JHA - ADVOCATE FOR THE COMPLAINANT)

      This application coming on for hearing this day, the court passed the

following:
                                     ORDER

Case diary is available.

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

T h e applicants apprehend their arrest in connection with Crime No.97/2022 registered at Police Station Amola, District Shivpuri for offence under Sections 306 and 34 of IPC.

It is submitted by the counsel for the applicants that the applicants are father-in-law and mother-in-law of the deceased and they are aged about 80 years and 68 years respectively. The allegations are that the deceased was married to the son of the applicants about 12 years back. The deceased was suspecting that her husband is having illicit relationship with his Bhabhi and on this issue, she was being harassed by the applicants and other in-laws. It is submitted that the allegations are false. The applicants are old and infirm person. No specific incident of any harassment has been disclosed except alleging that the deceased was being harassed and treated with cruelty on account of her allegations that her husband is having illicit relationship with his

Bhabhi. The applicants are ready and willing to co-operate in the investigation. The Trial is likely to take sufficiently long time and there is no possibility of their absconding or tampering with prosecution witnesses.

Per contra, the application is vehemently opposed by the Counsel for the State as well as the counsel for the complainant. It was fairly conceded by Shri Jha that the applicants are old and infirm person, although, he is not aware about their age.

Considering the age of the applicants as well as their relationship with the deceased, coupled with the allegations, which have been made and without commenting on the merits of the case, the application is allowed subject to condition that if the applicants appear before the Investigating Officer (Arresting Officer) on or before 08/07/2022, they shall be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) each with one surety each in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicants shall make themselves available for interrogation by the

Investigating Officer as and when required. They 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 applicants fail to appear before the Investigating Officer (Arresting Authority) on or before 08/07/2022, then this order shall lose its effect and the Investigating Officer shall be at liberty to take them 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.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.07.01 18:18:59 -07'00'