Smt Rama Devi vs The State Of Madhya Pradesh
2023 Latest Caselaw 12698 MP

                                                              1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                                 ON THE 7 th OF AUGUST, 2023
                                            MISC. CRIMINAL CASE No. 32702 of 2023

                           BETWEEN:-
                           SMT RAMA DEVI W/O LATE SHRI KAPTAN SINGH,
                           AGED ABOUT 48 YEARS, BEDI WALI MATA LAXMAN
                           TALAIYA LASHKAR GWALIOR MP (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (SHRI GAURI SHANKER TIWARI, LEARNED COUNSEL FOR THE
                           APPLICANT).

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           THANA INDARGANJ DISTRICT GWALIOR MP (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENTS
                           ( SHRI RAJIV UPADHYAY - LEARNED PP FOR THE
                           RESPONDENT/STATE).

                                 This application coming on for HEARING this day, th e court passed
                           the following:
                                                               ORDER

This first bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.256/2023 registered at Police Station PS Inderganj, distt. Gwalior (M.P.), for an offence punishable under section 420 of IPC.

According to the prosecution case, On 15.06.2023 President of Bar Council, reported to PS Jayendraganj that applicant stood/furnished false surety in three cases at District & Sessions Court, Gwalior. She is habitual in furnishing false surety for the accused in many cases with whom, she is not Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 08/08/2023 3:10:03 PM

even acquainted. On the basis of these allegations, offence under Section 420 of IPC was registered and applicant was arrested.

Learned counsel for the applicant submits that she has falsely been implicated in the matter. She is a widow lady and stood surety on the basis of genuine documents. Therefore, no offence of cheating is made out against her. She is permanent resident of Gwalior and there is no likelihood of her absconding leaving family to suffer. The investigation is almost complete, therefore, there is no likelihood of interference in the investigation. No further custodial interrogation is needed. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. She is

incarcerated from 15.06.2023. Therefore, in the light of the judgment of the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in 2014 (8) SCC 273, she should have been granted bail by the investigation officer or by the trial Court. She may be granted bail.

Per contra, learned counsel for the State opposed the bail application and prays for rejection of bail.

Heard learned learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that the applicant Smt. Rama Devi shall be released on bail in relation to the Crime No.256/2023 registered at Police Station PS Inderganj, distt. Gwalior (M.P.), for an offence punishable under section 420 of IPC, upon furnishing a personal bond in the sum of Rs.

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 08/08/2023 3:10:03 PM

50,000/- (Rs. Fifty Thousand Only ) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

1. The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

2. The applicant shall not commit or get involved in any offence of similar nature;

3. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

4. The applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;

5. The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.

(SANJEEV S KALGAONKAR) JUDGE Rks

Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 08/08/2023 3:10:03 PM