Babu Ali and ors. Vs. State of Madhya Pradesh

Babu Ali and ors. vs State of Madhya Pradesh

Disposition Application allowed Court Madhya Pradesh Decided Jul 15, 2002

~2 min read

https://sooperkanoon.com/case/511754

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/511754
Court: Madhya Pradesh High Court
Judge: S.L. Kochar, J.
Decided On: Jul 15, 2002
Case Number: M.Cr.C. No. 2355 of 2002
Subject: Criminal
Disposition: Application allowed

Case Summary

AI-generated summary - not the official court judgment text.

- - 10,000/- each, with one solvent surety each in the like amount to the satisfaction of the police officer arresting them subject to the following conditions :(1) That the applicants shall make themselves available for interrogation as and when required.

Key legal issue: Criminal
Outcome / disposition: Application allowed
Acts & sections: Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Indian Penal Code (IPC), 1860 - Sections 323, 498A and 506

Parties & Advocates

Appellant / Petitioner

Babu Ali and ors.

Advocate Yadav, Adv.

Respondent

State of Madhya Pradesh

Advocate Palsikar, Panel Lawyer

Legal References

Acts: Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Indian Penal Code (IPC), 1860 - Sections 323, 498A and 506
Reported In: I(2003)DMC504

Excerpt

- - 10,000/- each, with one solvent surety each in the like amount to the satisfaction of the police officer arresting them subject to the following conditions :(1) that the applicants shall make themselves available for interrogation as and when required.orders.l. kochar, j.1. this is an application under section 438, cr.p.c. in connection with crime no. 86/2002 for the offence punishable under sections 498a, 323, 506, i.p.c.2. the applicant no. 1 babu ali is the husband and applicant nos. 2,3,4 are his relations. the applicant no. 1 was married before 10 years with the complainant-wife najma. she has given birth to 4 children; 3 daughters and one son. now after 10 years of the marriage a false allegation has been levelled by the complainant against the applicants regarding ill-treatment for demand of dowry. on the other hand the contention of the panel lawyer mr. palsikar is that the applicant no. 1 has contracted second marriage without giving divorce to his first wife-complainant najma, in mohammadan community, the husband can contract a second marriage and for the purpose, he is not required to give divorce to his first wife. it appears that the second marriage of applicant no. 1 is the cause of dispute between the applicant and the complainant-wife najma. be as it may, looking to the fact, and circumstances of the case, the application is allowed.3. the applicants in the event of their arrest are directed to be released on bail on their furnishing a bail-bond in the sum of rs. 10,000/- each, with one solvent surety each in the like amount to the satisfaction of the police officer arresting them subject to the following conditions :(1) that the applicants shall make themselves available for interrogation as and when required.(2) that the applicants shall not make any threat, promise or inducement to anybody so as to dissuade him from disclosing such facts to the court or to any police officer.(3) that the applicants shall not leave india without permission of the court.4. it is made clear that the applicants shall apply for regular bail after filing of the charge-sheet.

Full Judgment

ORDER

S.L. Kochar, J.

1. This is an application Under Section 438, Cr.P.C. in connection with Crime No. 86/2002 for the offence punishable Under Sections 498A, 323, 506, I.P.C.

2. The applicant No. 1 Babu Ali is the husband and applicant Nos. 2,3,4 are his relations. The applicant No. 1 was married before 10 years with the complainant-wife Najma. She has given birth to 4 children; 3 daughters and one son. Now after 10 years of the marriage a false allegation has been levelled by the complainant against the applicants regarding ill-treatment for demand of dowry. On the other hand the contention of the Panel Lawyer Mr. Palsikar is that the applicant No. 1 has contracted second marriage without giving divorce to his first wife-complainant Najma, In Mohammadan community, the husband can contract a second marriage and for the purpose, he is not required to give divorce to his first wife. It appears that the second marriage of applicant No. 1 is the cause of dispute between the applicant and the complainant-wife Najma. Be as it may, looking to the fact, and circumstances of the case, the application is allowed.

3. The applicants in the event of their arrest are directed to be released on bail on their furnishing a bail-bond in the sum of Rs. 10,000/- each, with one solvent surety each in the like amount to the satisfaction of the police officer arresting them subject to the following conditions :

(1) That the applicants shall make themselves available for interrogation as and when required.

(2) That the applicants shall not make any threat, promise or inducement to anybody so as to dissuade him from disclosing such facts to the Court or to any police officer.

(3) That the applicants shall not leave India without permission of the Court.

4. It is made clear that the applicants shall apply for regular bail after filing of the charge-sheet.

Same Court & Year Madhya Pradesh · 2002 Same Parties Babu Ali and ors. vs State of Madhya Pradesh Same Subject Criminal Same Judge S.L. Kochar, J. Acts & Sections Code of Criminal Procedure (CrPC) , 1973 - Sections 438; Indi...

Criminal