GUDDI MST. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an application under Section 482, Cr.P.C., impugning an order dated 9 -5 -91 passed by Smt. Kanaklata Sonkar, Judicial Magistrate First Class, Gwalior.

(2.) THE order granted bail under Section 437, Cr.P.C., to non -applicant No. 3, Prem Sunder, father -in -law of Petitioner Mst. Guddi, widow of Bhagwandas in respect of Crime No. 20/91 (P.S. Mahila Padav, Gwalior), registered under Sections 406 and 498 -A, IPC, on the report of applicant Mst. Guddi. Earlier an application (B. A. No. 1007/91) made by non -applicant No. 3, Prem Sunder, under Section 438/1, Cr.P.C. had been dismissed by the Sessions Judge, Gwalior, on 7 -5 -1991.

(3.) ON 9 -5 -91, non -applicant No. 3, Prem Sunder along with his counsel Shri Praveen Mishra appeared before the learned Magistrate with an application under Sub -section (2) of Section 44 of Cr.P.C. A copy of the application was furnished to the Assistant Public Prosecutor. The order sheet recites that Shri Praveen Mishra, Advocate, and the Assistant Public Prosecutor were heard. The order sheet went on to say that the accused was being taken into custody and the judicial remand upto 13 -5 -91 was being granted with a direction that he be sent to jail custody. The learned Magistrate took up the application for bail Under Section 437, Cr.P.C. The Assistant Public Prosecutor requested that a police Kaifiat be called for. Shri Mishra, Advocate; submitted that Prem Sunder (aged 50) was suffering from asthma. A photostat copy of the medical certificate was placed before the learned Magistrate, who Remarked that in the kaifiat received in the case of the bail application of the remaining accused persons, Prem Sunder's name did find a place in the array of accused persons. The learned Magistrate, therefore, said that she did not think it necessary to call for another kaifiat. Taking into consideration the fact that Prem Sunder was a patient of asthma, the learned Magistrate admitted him to bail.