Pankhabai vs The State Of Madhya Pradesh
2023 Latest Caselaw 20737 MP

Madhya Pradesh High Court

Pankhabai vs The State Of Madhya Pradesh on 7 December, 2023

Author: Anil Verma

Bench: Anil Verma

                                                              1
                            IN    THE        HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE ANIL VERMA
                                               ON THE 7 th OF DECEMBER, 2023
                                           MISC. CRIMINAL CASE No. 48206 of 2023

                           BETWEEN:-
                           PANKHABAI W/O SHRI BABULAL, AGED     44 YEARS,
                           OCCUPATION: AGRICULTURIST MATAJI KI KHEDI,
                           TEH. AND P.S. RAMPURA, DIST. NEEMUCH (MADHYA
                           PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI SANTOSH KUMAR MEENA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION MANASA DIST. NEEMUCH (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENT
                           ( BY SHRI AMIT RAWAL - GOVERNMENT ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                               ORDER

This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail relating to Crime No. 115/2023 registered at Police Station Manasa District Neemuch (M.P.) for the offence under Sections 306, 452, 427, 147 of the Indian Penal Code, 1860.

2. As per the prosecution story, on 13.3.2023 present applicant alongwith other accused persons went to the house of complainant and demanded Rs. 9.70 lakhs. They also damaged their domestic articles Due to

harassment Harlal and Sabubai consumed the poisonous substance, as a result Sabu Bai succumbed in the hospital. Accordingly, a case has been registered against the present applicant also.

3. Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. She has not been named in the dying declaration given by Harlal. Harlal himself pleaded no objection regarding anticipatory bail to applicant. She is permanent resident of District Neemuch and 44 years household lady. She has no criminal past. Under the above circumstances, prayer for grant of anticipatory bail may be considered on such terms and conditions, as this Court deems fit and proper.

4. Per-contra, learned counsel for the respondent - State opposes the bail application and prays for its rejection.

5. Perused the impugned order of the trial Court as well as the case dairy.

6. Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation and also taking note of the fact that applicant has not been named in the dying declaration of Harlal, Harlal himself pleaded no objection if anticipatory bail is given to applicant, I deem it proper to release the applicant on anticipatory bail.

7. Accordingly, application is allowed. It is directed that in the event of applicant's arrest, the applicant be released on anticipatory bail on her furnishing personal bond in the sum of Rs.70,000/- (Rupees Seventy Thousand Only) with one surety in the like amount to the satisfaction of arresting officer for her appearance before the Investigating Officer during the course of investigation as and when directed. Conditions of Section 438(2) Cr.P.C. shall also apply on the applicant during currency of bail.

8. However concerning police authorities are directed to ensure the necessary compliance of judgment dated 31.7.2023 passed by Hon'ble the Apex court in Criminal appeal No. 2207/2023 (Mohd. Ashfaq Alam Vs. State of Jharkhand and others) regarding applicability of the provisions of Section 41 of Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE BDJ