Sharda vs State Of MADHYA PRADESH

Learned counsel for the rival parties are heard.

This is first application u/S. 438 Cr.P.C. filed by the petitioner for grant of anticipatory bail.

Petitioner apprehends arrest in connection with offences punishable u/Ss. 498A, 304B/34 of IPC and u/S.3/4 of Dowry Prohibition Act registered as Crime No.442/2019 at Police Station Morar, District Gwalior(M.P.).

Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of Anticipatory bail is made out.

Petitioner who is mother-in-law of the deceased is alleged with dowry demand related cruelty which led to death of deceased due to hanging on 15/07/2019.

The marriage took place on 08/12/2012 as against the incident dated 15/07/2019.

The post mortem report reflects two anti mortem injury which appear to be minor in nature.

The statements of parents of deceased u/S.161 Cr.P.C. reveals omnibus allegations against the petitioner with no specific allegation of dowry demand related cruelty inflicted soon before her death.

In view of above and considering the fact that the applicant being woman aged about 58 years and who has no criminal antecedents may not be able to bear the rigours of incarceration and that the material placed on record does not disclose the possibility of petitioner fleeing from justice, this Court is inclined to extend the benefit of bail to the petitioner.

Accordingly, without expressing any opinion on merits of the case, I deem it appropriate to allow this application u/S 438 Cr.P.C in the following terms.

It is hereby directed that in the event of arrest, the petitioner shall be released on bail on furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties, each of Rs.25,000/- to the satisfaction of Arresting Authority.

This order will remain operative subject to compliance of the following conditions by the petitioner :-

The petitioner will comply with all the terms and conditions of the bond executed by her;

The petitioner will cooperate in the investigation/trial, as the case may be;

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

The petitioner shall not commit and offence similar to the offence of which she is accused;

The petitioner will not seek unnecessary adjournments during the trial; and

The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The petitioner shall plant 25 saplings of indigenous fruit bearing or shady trees on the side of the road/street of the place of residence of petitioner or at any other place in the district which is earmarked by the Collector/Revenue Authority for planting trees and shall take care of the trees for the next one year by watering the plants and by installing tree guards at her own expenses. In case the petitioner is unable to afford incurring of such expenses, then he would obtain saplings/tree guard from the forest authorities (the concerned Forest Range Officer of the area) free of cost or at concessional/nominal rates available under any beneficial scheme of the Government. The petitioner shall file an affidavit disclosing compliance of this condition within 30 days in the Registry, failing which this court may consider cancellation of bail.

On complying with condition No.8 aforesaid, the petitioner is directed to inform the location of plantation made to the Forest Range Officer of the area concerned who will pass on this information to the DFO concerned.

For effective implementation of this order in the interest of betterment of ecology of the area concerned, the District Magistrate of district within which the petitioner resides is directed to assist the petitioner/accused to comply with condition No.7 by extending all possible financial and material assistance to the petitioner admissible under any of the beneficial scheme for afforestation of the State.

The DFO of the concerned District is directed to file verification report before the trial court concerned after carrying out inspection personally or through any other officer of the Forest Department duly authorized in that behalf, disclosing as to whether applicant has complied with condition No.7 or not, and if yes to what extent

The learned trial Judge on receiving report of non compliance of condition No.7 shall forthwith communicate the same to Registry of this Court.

The Registry on receiving any such report from the trial Court disclosing default shall put up the matter before appropriate bench in shape of PUD.

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

Let a typed copy of this order be also supplied to the counsel for the State for compliance of the aforesaid directives.

A copy of this order be furnished by the Registry of this court to the concerned District Magistrate and the DFO having territorial jurisdiction over the place of residence of the petitioner for execution of the order in the interest of the ecology.

For the time being this case stands disposed of.

C.c. as per rules.