IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2023 (@ SPECIAL LEAVE TO APPEAL (CRL.) NO. 11849 OF 2022)
CHANDNI BHADORIYA ….. APPELLANT
VERSUS
THE STATE OF MADHYA PRADESH ….. RESPONDENT
O R D E R
Leave granted.
It is accepted by the learned counsel for the State of Madhya Pradesh that the appellant – Chandni Bhadoriya is an illiterate lady residing in a village. She had never visited or was in communication with the deceased – Khushbu, who post the marriage was residing at Gwalior, Madhya Pradesh. At the time of death, the deceased – Khushbu was residing with her husband – Sandeep Bhadoriya at Gwalior, Madhya Pradesh. It is to be noted that the mother-in-law of the deceased was granted anticipatory bail by the High Court vide order dated 27.09.2022. In view of the aforesaid position, we are inclined to accept the present appeal and set aside the impugned order passed by the High Court, with a direction that in the event of the appellant – Chandni Bhadoriya being arrested in FIR No. 408/2022 dated 1 24.08.2022, under Sections 304-B and 498-A read with Section 34 of the Indian Penal Code, 1860, registered at Police Station Hazira, District Gwalior, Madhya Pradesh, she will be released on bail by the arresting officer/trial court on terms and conditions to be fixed by the trial court. The appellant will, however, comply with the mandate of sub-section (2) of Section 438 of the Code of Criminal Procedure, 1973. We clarify that this order granting bail will not be construed as an order expressing opinion on the merits of the case. The appeal is allowed in the aforesaid terms.
Pending application(s), if any, shall stand disposed of. …….J.
(SANJIV KHANNA)…..J.
(M.M. SUNDRESH)
NEW DELHI;
JANUARY 13, 2023 ps
2ITEM NO.13 COURT NO.7 SECTION II-A S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 11849/2022 (Arising out of impugned judgment and order dated 21-11-2022 in MCRC No. 53461/2022 passed by the High Court Of M.P At Gwalior)
CHANDNI BHADORIYA PETITIONER(S)
VERSUS
THE STATE OF MADHYA PRADESH RESPONDENT(S)
(IA No. 189930/2022 – EXEMPTION FROM FILING O.T.)
Date : 13-01-2023 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s)
Mr. Praveen Swarup, AOR
Mr. Shishir Kumar Saxena, Adv.
Ms. Suchitra Pandey, Adv.
Ms. Payal Swarup, Adv.
Mrs. Mini Gangadharan, Adv.
Mr. Rahul Tomar, Adv.
Mr. Chandra Pratap Singh, Adv.
For Respondent(s)
Mr. Gopal Jha, AOR
UPON hearing the counsel, the Court made the following
O R D E R
Leave granted.
The appeal is allowed and the appellant is granted bail in
terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(POOJA SHARMA)
COURT MASTER (SH) (R.S. NARAYANAN)
COURT MASTER (NSH)
(Signed order is placed on the file.)
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