Sunderlal vs The State of Madhya Pradesh

Mrs. S.R. Waghmare, Judge

By this application filed u/s 439 of the Cr.P.C., applicant Sundarlal has moved the application for grant of bail being implicated in crime No. 683/2012 registered by police Banganga, District Indore for offence u/s 306 of the IPC. Counsel for the applicant has vehemently urged the fact that it was a case of false implication. Counsel submitted that the present applicant is the husband of the deceased and the death of the wife had occurred after 12 years of marriage and the applicant had never condemned his wife in spite of some white spot on her body. Counsel submitted that the applicant has been falsely implicated merely on the statements made by the land lord. Moreover, Counsel submitted that there was some depression due to the white spot appeared on the body of the deceased and the applicant has nothing to do with the offence. Counsel submitted that there was a small son of 5 years of age born out of the wedlock and is dependent on the applicant. Counsel submitted that the applicant is a Government School Teacher and his services as well as life are adversely affected if bail is not granted to him.

Counsel has candidly admitted that the applicant is willing to abide by any of the conditions that may be imposed by this Hon''ble Court. Hence, Counsel has prayed for grant of bail since the applicant is in jail from 29/7/2012.

Counsel for the respondent State, on the other hand, opposed the submissions of the Counsel for the applicant. He has submitted that there are two suspicious circumstances against the present applicant; one being the white spot that appeared on the body of the deceased according to the allegations made by the sister of the deceased and there is a noting in the personal diary of the deceased, which indicates that there was one another woman involved in the life of the applicant. Hence, Counsel has prayed for dismissal of the application.

On considering the above submissions, material available in the case diary and looking to the nature of allegations and looking to the fact that the applicant is a Government School Teacher and a small son dependent on him, I find that the application needs to be allowed in the interest of justice and it is hereby allowed. However, stringent condition needs to be imposed.

It is ordered that the applicant be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/-(Rupees Twenty five thousand only) with one surety of the like amount to the satisfaction of the Trial Court for his appearance before the concerned trial Court on all dates of hearing as may be fixed by the Trial Court in this behalf during the pendency of trial.

It is further directed that the applicant shall attend on each date of hearing of his trial before the concerned Court out of which this bail arises. In addition, he shall also mark his presence in the concerned police station on first Sunday of every month between 10 a.m. to 12 a.m. during the pendency of the trial. Any default in attendance in Court and marking his presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take the applicant in custody immediately.

It is also directed that the applicant shall abide by all the conditions enumerated u/s 437(3) of the Cr.P.C. C.c. as per Rules.