Sukhlal vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the second application filed by the applicant under Section 439 Cr.P.C. for grant of bail during the trial.

The applicant is facing trial for offence punishable under Section 306 of the IPC, registered at Police Station- Palsud, Distrcit-Barwani in Crime

No.286/2020. The applicant is in jail since 04.12.2020.

Applicant's earlier bail application M.Cr.C.No.6674/2021 has been dismissed as withdrawn by this Court vide order dated 8.2.2021.

Counsel for the applicant has submitted that the applicant is in jail since 04.12.2020; charge sheet has already been filed and the final conclusion of

trial is likely to take sufficiently long time on account of Covid-19 pandemic. Counsel has further submitted that there is omnibus allegations levelled

against the applicant and admittedly the applicant was not present when his wife-Gamlibai committed suicide. It is further submitted that the deceased

Gamlibai was also talking to her mother prior to her death, which is also apparent from the statement of the mother of the deceased recorded under

Section 161 of the Cr.P.C. In such circumstances, counsel prays for grant of bail to the applicant.

Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the prayer.

Having considered the rival submissions, on perusal of the case diary, taking note of the fact that the applicant is in jail since 4.12.2020 and the final

conclusion of the trial is likely to take sufficiently long time, this Court finds it expedient to allow the bail application. Accordingly, the present

application for grant of bail is hereby allowed.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one

surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed. The applicant shall be abide by the conditions

as enumerated under Section 437(3) of Cr.P.C.

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.