Godawari Bai Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1046753
CourtMadhya Pradesh High Court
Decided OnMar-07-2013
AppellantGodawari Bai
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.15624/2012 7.3.2013 shri manish tiwari, advocate for the applicants. shri r.k.kesarwani, pl for respondent no.1/state. shri pradeep singh, advocate for respondent no.2. this is the firs.bail application filed by the applicants under section 438 of the cr.p.c.for grant of anticipatory bail. the applicants apprehend their arrest in connection with crime no.319/2012 registered at p.s.lakhnadon, district seoni for the offence punishable under sections 420, 409, 467, 468, 471, 120-b/34 of the ipc. learned counsel for the applicants has submitted that applicants have been falsely implicated in this case. this case arose out of private complaint. applicant no.1 godawari bai has already been enlarged on ad-interim anticipatory bail by this court vide order dated 31.12.2012. she did not misuse the liberty granted to her. the applicants are ready to co-operate in the investigation and trial. the applicants are reputed citizens of the locality, in the event of arrest, their reputation will be tarnished, therefore, they be enlarged on anticipatory bail. learned counsel for the state and the objector have opposed the application. on due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, i am of the considered view that it is a fit case to enlarge the applicants on anticipatory bail, therefore, without expressing any view on the merits of the case, this application is allowed. order dated 31.12.2012 is hereby made absolute and it is directed that in the event of arrest, applicant no.2 shambhudayal yubane shall be enlarged on bail on his furnishing a personal bond in the sum of rs.50,000/- (rs.fifty thousand only) with one surety in the like amount to the satisfaction of the arresting officer. the applicants are directed to join the investigation and fully co-operate with the investigating agency. it is further directed that the applicants shall abide by the conditions enumerated in sub-section (2) of section 438 of cr.p.c.this order shall remain in force for a period of 60 days. in the meantime, if the applicants so desire, may apply for regular bail before the competent court, which shall be considered by that court in accordance with law. certified copy as per rules. (g.s.solanki) judge pb
Judgment:

M.Cr.C.No.15624/2012 7.3.2013 Shri Manish Tiwari, Advocate for the applicants.

Shri R.K.Kesarwani, PL for respondent No.1/State.

Shri Pradeep Singh, Advocate for respondent No.2.

This is the fiRs.bail application filed by the applicants under Section 438 of the Cr.P.C.for grant of anticipatory bail.

The applicants apprehend their arrest in connection with Crime No.319/2012 registered at P.S.Lakhnadon, District Seoni for the offence punishable under Sections 420, 409, 467, 468, 471, 120-B/34 of the IPC.

Learned counsel for the applicants has submitted that applicants have been falsely implicated in this case.

This case arose out of private complaint.

Applicant No.1 Godawari Bai has already been enlarged on ad-interim anticipatory bail by this Court vide order dated 31.12.2012.

She did not misuse the liberty granted to her.

The applicants are ready to co-operate in the investigation and trial.

The applicants are reputed citizens of the locality, in the event of arrest, their reputation will be tarnished, therefore, they be enlarged on anticipatory bail.

Learned counsel for the State and the objector have opposed the application.

On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to enlarge the applicants on anticipatory bail, therefore, without expressing any view on the merits of the case, this application is allowed.

Order dated 31.12.2012 is hereby made absolute and it is directed that in the event of arrest, applicant No.2 Shambhudayal Yubane shall be enlarged on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one surety in the like amount to the satisfaction of the arresting Officer.

The applicants are directed to join the investigation and fully co-operate with the investigating agency.

It is further directed that the applicants shall abide by the conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.This order shall remain in force for a period of 60 days.

In the meantime, if the applicants so desire, may apply for regular bail before the competent Court, which shall be considered by that Court in accordance with law.

Certified copy as per rules.

(G.S.Solanki) Judge PB