Full Judgment
M.Cr.C.No.6697/2012 08/08/2012 Shri P.S.Gaharwar, learned counsel for the applicant.
Shri A.K.Chourasiya, P.P.for the respondent/State.
Heard.
This is the fiRs.bail application filed by applicant under Section 438 of the Cr.P.C.for gsrant of anticipatory bail.
The applicant is apprehending her arrest in connection with Crime No.35/12, registered at P.S.Janeh, District Rewa for the offence punishable under section 436/34 of IPC.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case.
Applicant is a lady.
It is further submitted that there is a civil dispute between the parties therefore, complainant has lodged a false report against her.
Nothing is required to be seized from the possession of applicant.
She is a reputed person of the society.
In the event of arrest her reputation will be tarnished therefore, he prays for grant of anticipatory bail to the applicant.
Learned counsel for State opposes the application.
On due consideration of the contentions raised by the learned counsel for the parties alongwith the nature of allegation made against the applicant, I am of the view that it is a fit case to release her on anticipatory bail.
Therefore, without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, applicant Sushma shall be enlarged on bail on her furnishing a personal bond in the sum of Rs.25,000/- (Rs.Twenty Five Thousand Only) with a surety bond in the like amount to the satisfaction of Arresting officer/competent Court.
The applicant shall make herself available for interrogation by a police officer as and when required and she will co-operate in the investigation for the purpose of handwriting expert.
She shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.In view of the ratio laid down by Hon'ble Apex Court in Siddharam Satlingappa Mhetre versus State of Maharashtra and others J.2010 (13) SC 247.it is directed that this order shall remain in force till the end of trial, if the applicant furnish the bail bond and surety bond before the committal Court/trial Court at the time of filing of challan as per the terms and conditions as mentioned above.
However, the public prosecutor or complainant would be at liberty to move the same Court for cancellation or modifying the conditions of bail any time if liberty granted by the Court is misused.
It is also clear that if the committal Court/trial Court issues an arrest warrant against the applicant due to her absence before the Court, then in such event this order be deemed ineffective.
C.C.as per rules.
(G.S.SOLANKI) Judge navin