SUNDERLAL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this application filed under section 439 of the Cr.P.C., applicant Sundarlal has moved the application for grant of bail being implicated in crime No. 683/2012 registered by police Banganga, District Indore for offence under Section 306 of the IPC. Counsel for the applicant has vehemently urged the fact that it was a case of false implication. Counsel submitted that the present applicant is the husband of the deceased and the death of the wife had occurred after 12 years of marriage and the applicant had never condemned his wife in spite of some white spot on her body. Counsel submitted that the applicant has been falsely implicated merely on the statements made by the land lord. Moreover, Counsel submitted that there was some depression due to the white spot appeared on the body of the deceased and the applicant has nothing to do with the offence. Counsel submitted that there was a small son of 5 years of age born out of the wedlock and is dependent on the applicant. Counsel submitted that the applicant is a Government School Teacher and his services as well as life are adversely affected if bail is not granted to him.

(2.) Counsel has candidly admitted that the applicant is willing to abide by any of the conditions that may be imposed by this Hon'ble Court. Hence, Counsel has prayed for grant of bail since the applicant is in jail from 29/7/2012.

(3.) COUNSEL for the respondent State, on the other hand, opposed the submissions of the Counsel for the applicant. He has submitted that there are two suspicious circumstances against the present applicant; one being the white spot that appeared on the body of the deceased according to the allegations made by the sister of the deceased and there is a noting in the personal diary of the deceased, which indicates that there was one another woman involved in the life of the applicant. Hence, Counsel has prayed for dismissal of the application.