M.Cr.C. No.6525/2010
20.7.2010
Shri Manish Datt, counsel for the applicant.
Smt. Sushila Paliwal, Public Prosecutor for the
respondent/State.
Heard on IA. No.11179/2010, an application for
urgent hearing.
Since case diary is available, application is allowed.
Heard both the parties.
Case diary of Crime No.352 of 2010 registered at
Police Station Ghamapur, District Jabalpur for offence
punishable under Section 306 of I.P.C is perused.
Learned counsel for the applicant submits that
deceased was the wife of the applicant. Their marriage
took place in the year 1997 and therefore, no
presumption clause under Section 113-A of the Evidence
Act is available to the prosecution. The deceased
committed suicide on 4.6.2010 by hanging. He further
submits that there is no allegation against the applicant
by which any ingredient under Section 107 of I.P.C is
made out therefore, at present there is no case against
the applicant. The applicant has two children aged 12
years and 4 years and there is nobody to look after them
therefore, looking to his custody period, he prays for
bail.
Learned Public Prosecutor opposes the application.
After hearing aforesaid arguments, considering the
facts and circumstances of the case without expressing
any view on the merits of the case, I am of the opinion
that this is a fit case in which bail may be granted to the
applicant namely Sanjay Jaiswal.
Therefore, application of the applicant Sanjay
Jaiswal under Section 439 Cr.P.C. is hereby allowed. He
be released on bail on furnishing of a bond in sum of
Rs.35,000/- (Rupees thirty five thousand) with one surety
bond of the like sum to the satisfaction of CJM, Jabalpur
to appear before the committal Court and trial Court on
the dates given by the concerned Court.
Certified copy if applied.
(N.K. Gupta)
Judge
bina