SUNDARBAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant, as she has been arrested on 26/2/2022 in connection with Crime No.89/2022 registered at Police Station Garoth, District Mandsaur (M.P.) for commission of offence punishable under Ss. 302, 323, 504, 34 of IPC.

(2.) Learned counsel for the applicant submits that as per prosecution story itself, on the date of the incident, during the quarrel, deceased was under the influence of alcohol and sustained simple injuries on the body. He was died during the treatment but cause of his death has not been mentioned in the post-mortem report and it has been mentioned therein that cause of death would be given after receiving the report of viscera which is still awaited. Applicant is a lady and admittedly assault was not caused by any deadly weapon. Applicant's custodial interrogation or trial is not required in the matter. Charge-sheet has been filed. Trial will take time to conclude, therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

(3.) Learned Public Prosecutor for the non-applicant - State has opposed the application and submits that deceased was died due to injuries caused by the applicant along with other co-accused persons. Offence alleged against her is serious in nature, therefore, she is not entitled for grant of bail.