High CourtsSingle Bench

Munni Devi vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 21 July 2023 · Citation: (2023) 07 MP CK 0099

HON’BLE JUDGES
Anand Pathak, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 409, 411
RESULT
Allowed/Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 31728 Of 2023
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Judgment

16 paragraphs · 429 words

Anand Pathak, J

This is the first application under Section 438 of the Cr.P.C filed by the applicant who is apprehending her arrest in connection with Crime No.36/2023, registered at Police Station- Ater, District-Bhind, for the offences punishable under Sections 409, 411 of the IPC.

It is the submission of learned counsel for the applicant that applicant is lady aged about 55 years and apprehending her arrest on the basis of registration of offence as referred above. As per allegation, when she was Sarpach of Gram Panchayat Pratappura, then she purchased five thousand bags for storage of food items etc. and later these bags were stolen by other co-accused. Role of applicant is no were elaborated in the allegations. She is a lady aged 55 years and confinement may bring social disrepute and personal inconvenience. She does not bear any criminal record. She undertakes to cooperate in investigation and as and when required by the Investigating Officer she will make herself available. Under these grounds, she prayed for anticipatory bail.

Learned for the respondent/State opposed the prayer and prayed for dismissal of this bail application.

Heard learned counsel for the parties and perused the documents appended thereto.

Considering the submissions advanced by the learned counsel for the parties and the fact situation, without commenting on the merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on her furnishing personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority / trial Court.

This order shall remain operative subject to compliance of the following conditions by the applicant:-

1.

The applicant shall comply with all the terms and conditions of the bond executed by her;

2.

The applicant shall cooperate in the investigation/trial, as the case may be;

3.

The applicant shall not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4.

The applicant shall not commit an offence similar to the offence of which she is accused;

5.

The applicant shall not seek unnecessary adjournments during the trial;

6.

The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

Application stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.