BAM DEVI Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this third application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 28.01.2019, in connection with Crime No.349/2018, registered at Police Station Khaniyadhana, District Shivpuri, for the offence punishable under Sections 419, 420, 467, 468, 471, 120-B of IPC. His earlier two bail applications were dismissed as withdrawn by this Court.

(2.) It is the submission of counsel for the applicant that the case is of false implication. She is suffering incarceration since 28.01.2019. Other co-accused has been enlarged on bail. She referred the order dated 25.06.2019 passed in MCRC No.224330/2019 and order dated 03.06.2019 passed in MCRC No.17384/2019 passed by coordinate Bench. It is submitted that applicant is aged about 60 years and she never instrumental in misrepresenting her case. Counsel for the applicant referred inquiry report dated 11.07.2018 of SDO Revenue Picchore, in which the sale deeds have been cancelled and the mutation earlier made in favour of purchasers has been cancelled and land has been again restored to the ownership and possession of legal heirs of deceased Jakto Bai. Therefore, no adversity has been caused materially to the complainant party. Charge-sheet has already been filed.

(3.) Confinement since 28.01.2019 amounts to pre-trial detention. She undertakes to cooperate in the investigation/trial and make herself available as and when required by the trial court. She would not be a source of embarrassment and harassment to the prosecution witnesses in any manner. She further undertakes to do some community service. Under these grounds, she prayed for grant of bail to the applicant.