LAWS(MPH)-2021-10-102

UMESHA Vs. STATE OF MADHYA PRADESH

Decided On October 29, 2021
Umesha Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The petitioner has filed this application seeking modification in the first paragraph of the order dtd. 25/10/2021 passed in M.Cr.C. No.48627/2021 to read under Sec. 438 of Cr.P.C. in place of "under Sec. 439 of Cr.P.C" and in the last paragraph of the said order, to read it is ordered that in the event of arrest of the petitioner namely Smt. Umesha W/o Shri Ramkaran Rajput or her surrender before the Investigating Officer or before the concerned Judicial Magistrate within 30 days from today in con-nection with the aforesaid crime number, she shall be released on bail upon her furnishing a personal bond in the sum of Rs.30,000.00(Rupees Thirty Thousand) with one surety in the like amount to the satisfaction of the Arresting Officer. This order shall be governed by the Conditions No.1 to 3 of sub-sec. (2) of Sec. 438 Cr.P.C. in place of "It is directed that the petitioner Smt. Umesha W/o Ramkaran Rajput be released from custody on his furnishing a personal bond in the sum of Rs.30,000.00 (Rupees Thirty Thousand Only) with one solvent surety to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required, further subject to the following conditions : (i) The petitioner shall co-operate with the trial and shall not seek unnec- essary adjournments on frivolous grounds to protract the trial.; (ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court; (iii) The petitioner shall not commit any offence or involve in any criminal activity; (iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled". Further, the date of arrest mentioned in the table of order dtd. 25/10/21 as 17/9/2021 is hereby omitted.