Decided on September 19,2005

GODAWARI Appellant
State Of C G Respondents


- (1.) HEARD . The applicants, who are mother-in-law and father-in-law of the deceased, namely Lalita Sriwas and are in custody since 11-4-2005 have filed this application for grant of bail under Section 439 of Cr.P.C, in connection with crime No.82/2005, registered at Police Station Chakradhar Nagar, District Raigarh for the offence punishable under Sections 306,498-A read with Section 34 of I.P.C. The case of the prosecution is that Lalita was married with Sushil Sriwas 3 years prior to the date of incident. She committed suicide by hanging herself on 22-03-2005 in village Uttarmuda, District Raigarh. It is an admitted fact that the husband and wife only were residing in village Uttarmuda and the present applicants who are mother-in-law and father-in-law are residing in village Chirra, P.S. Nawagarh, District Durg. Learned counsel for the applicants submits that the applicants are not in touch with family affairs of the deceased since last 3 years. The deceased and her husband are residing in separate village since that period, therefore there is no question of abetment or of treating the deceased with cruelty. On the other hand, learned counsel for the State opposes the bail application. Considering the facts and circumstances of the case and particularly considering the circumstance that these two applicants, who are mother-in- law and father-in-law of the deceased are residing in different village and were not residing with the deceased or their son prior to the date of incident, I am of the opinion that present is a fit case in which the present applicants deserve to be released on bail. Their application is allowed. Let the applicants namely Smt. Godawari Sriwas and Shri Sankar Sriwas be released on bail on each of them furnishing personal bond in sum of Rs. 5,000/- with one surety each in the like amount to the satisfaction of the trial Court for their appearance before the said Court on each date of hearing till disposal of the trial. Bail Granted.;

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