Santoshiya Saket vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure.

The petitioner is in custody since 8.12.2020 in connection with Crime No.424/2020 registered at P.S.-Laur District Rewa (M.P.) for the offence

punishable under SectionS 306, 201, 34 of IPC.

Prosecution case is that on 4.10.2020, deceased Rani Saket has admitted in the SGMH Hospital Rewa for treatment of burn injury, during treatment

she died on 10.11.2020. Merg was registered, it is found that the marriage of the deceased was solemnized with co-accused Roshanlal Saket on

7.5.2013, thereafter the petitioner-accused and co-accused humiliated and torture her, they also doubted on her character. Apart from this, the

deceased disclosed to her brother and father that petitioner accused and co-accused poured oil on her and set on fire.

Learned counsel for the petitioner submits that petitioner is innocent persons. He has been falsely implicated in this case. It is further submitted that

the petitioner-accused is mother-in-law of the deceased. The deceased was preparing the food at that time due to leakage of gas from the pipe, the

gas slender was burst, she was burn. Thus, the deceased has been died due to accident. The petitioner-accused did not commit any cruelty with her.

Petitioner-accused is 60 years old lady and there is general allegation in regard to cruelty. There is no material available on which it can be said that

the petitioner committed death to the deceased. The petitioner-accused in judicial custody since 8.12.2020. Investigation is completed, no custodial

interrogation is required in this case. It is time of COVID-19 pandemic therefore, trial will take time for final disposal. There is no probability of his

absconding or tampering the evidence of prosecution witness. On these grounds, learned counsel for the petitioner prays for allowing this bail

application.

 Per-contra, learned Panel Lawyer opposes the bail application.

Considering the contention of both the parties and this fact that the petitioner is mother-in-law of the deceased, dying declaration of the deceased was

recorded by the Executive Magistrate on 4.10.2020, in which the deceased herself stated that she burnt due to leakage of gas pipe. The deceased did

not make any allegation against the petitioner-accused. There is no complaint lodged either by the deceased or her parents before this incident. The

petitioner accused is 60 years old lady, the investigation is completed, no custodial interrogation is required in this case. It is time of COVID-19

pandemic, therefore, trial will take time for final disposal. There is no probability of his absconding or tampering the evidence of prosecution witness.

In view of the aforesaid, it would not be appropriate to keep the petitioner in jail during whole trial. Therefore, without commenting on merits of the

case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that petitioner- Santoshiya Saket be released on bail on her furnishing a personal bail bond in the sum of Rs. 50,000/- (Rupees Fifty

Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for her appearance before the trial Court on the

dates given by the concerned Court. It is directed that the petitioner shall comply with the provisions of Section 437(3) of the Cr.P.C. In view ofthe

outbreak of 'Corona Virus disease (COVID-19)' the petitioner shall also comply the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court in suo motto W.P.No.1/2020, it would be appropriate to issue the following

direction to the jail authority :-

The Jail Authority shall ensure the medical examination of the petitioners by the jail doctor before her release.

2 . The petitioner shall not be released if she is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing her in

appropriate quarantine facility.

Certified copy as per rules.