Sandhya Sharma vs State of Madhya Pradesh

Leave granted.

This appeal arises out of judgment and final order dated 2.7.2019 passed by the High Court of Madhya Pradesh at Gwalior in MCRC No.26343 of 2019 preferred by the present appellant.

The matter arises out of dismissal of application preferred by the appellant under Section 438 of the Code of Criminal Procedure seeking anticipatory bail in FIR No. 0406/2019 in respect of offences punishable under Sections 304B and 498A of the Indian Penal Code. The present appellant is the sister-in-law (jethani) of the deceased. She has two minor children.

Considering the circumstances on record, while issuing notice, following order was passed by this Court on 27.09.2019 :-

"Issue notice, returnable on 2.12.2019.

Dasti in addition.

Pending further consideration, the petitioner shall not be arrested in connection with FIR No.0406 dated 9.6.2019 registered with Janakganj P.S., Distt. Gwalior in respect of offence punishable under Sections 498-A, 304-B read with 34, 3&4 of the Dowry Prohibition Act.

Needless to say that if there is a requisition from the Investigating Officer, the petitioner shall extend complete cooperation."

We now make the earlier interim order absolute and direct that in case the appellant is arrested in connection with FIR No.0406 dated 9.6.2019 registered with Janakganj P.S., Distt Gwalior in respect of offence punishable under Sections 498-A, 304-B read with 34, 3 and 4 of the Dowry Prohibition Act, the Arresting Officer shall release the appellant on bail subject to furnishing of cash security in the sum of Rs.20,000/- with two sureties for the like sum.

It goes without saying that the appellant shall extend complete cooperation in connection with the ensuing investigation, shall not influence any of the witnesses and shall not hamper the investigation and trial, if any.

The appeal stands disposed of in the aforesaid terms.