Maya D/O Laxman Devda And Others vs State Of Madhya Pradesh

Subodh Abhyankar, J

This order shall also govern the disposal of Miscellaneous Criminal Case No. No.58361/2021 as both the applications have arisen out of the same Crime Number.

This is the applicants' second bail application under Section 439 of Criminal Procedure Code, 1973. They are implicated in connection with Crime No.138/2021 registered at Police Station-Sardarpur, District-Dhar (MP) for offence punishable under Section 302 r/w 34 of the IPC. The applicants are in jail since 15.7.2021.

Applicants' first bail application - M.Cr.C.No.29955/2021 was dismissed by this Court as withdrawn on 10.8.2021.

It is alleged that on the date of incident the applicants and the other co-accused persons assaulted the Motilal, who died due to head injury.

Counsel for the applicant has submitted that the applicant- Maya happens to be the daughter of Laxman whereas the applicant-Phulibai in M.Cr.C.No.58361/2021 happens to be the wife of the main accused Laxman against whom the main allegation is made. It is submitted that admittedly the deceased Motilal was going on a motorcycle when he was hit by Laxman with a stick and when he fell down from the motorcycle he was also assaulted by the present applicants by kicks and fists and also pelted stone on him. It is further submitted that the main allegation is against the co-accused Laxman and the other injuries can be caused by falling from the motorcycle. Counsel has submitted that the applicants have been falsely implicated in the offence only because of thei relation to the main accused Laxman. It is further submitted that under identical circumstances, co-accused Prakash, who happens to be the son of main accused-Laxman, has already been granted bail by this Court in M.Cr.C.No.48778/2021 vide order dated 15.11.2021. As such, on the grounds of parity, counsel has submitted that the application be allowed and applicants be released on bail.

Counsel for the objector has opposed the prayer and submitted that no case for grant of bail is made out as according to the eye-witness account both the applicants also assaulted the deceased by kicks and fists and also pelted stone.

Counsel for the State, on the other hand, has also opposed the prayer.

Having consideration rival submissions, perusal of the case diary as also the query report wherein the doctor has opined that the injuries suffered by the deceased by the stick, which has been recovered at the instance of co-accused Laxman and the other injuries caused by stone, this Court finds it expedient to accept the contentions raised by the counsel for the applicant to allow the applications. Accordingly, without reflecting anything on the merits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

The applicants are directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is further observed that if the applicants are again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicants in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.