Judgement on Bail to Husband under Section 31 of the Protection of Women from Domestic Violence Act

Chandraprakash Vs. Pushpa Bai Kushwah

Court: Madhya Pradesh High Court

Bench: JUSTICE M.K. MUDGAL

Chandraprakash Vs. Pushpa Bai Kushwah On 2 March 2016

Legal Point: Bail granted to Husband in connection to a case registered under Section 31 of the Protection of Women from Domestic Violence Act.

JUDGEMENT

Case diary is not available.

This is the first bail application filed by the applicant/accused under Section 439 of Cr.P.C. for grant of bail in connection with Criminal Case No.1993/2013 pending before the Court of Judicial Magistrate First Class Guna under Section 31 of Protection of Women from Domestic Violence Act.

Learned counsel for the applicant/accused submits that the aforesaid case has been registered against the applicant/accused on the basis of the private complaint filed by the respondent. The applicant/accused appeared before the trial Court and he was granted bail vide order dated 20.06.2014. But during the pendency of trial, he could not appear before the court on 9.9.2014 because of that a warrant of arrest was issued against him and in compliance of the said warrant he was arrested and produced before the trial court whereby he was sent in custody. Learned counsel further contends that when the applicant/accused failed to appear before the Court no witness was present. He has been in custody since 11.02.2016, therefore, he be granted bail. Though notice to the respondent/complainant has not been issued by this Court yet I think there is no need to issue the notice because the applicant/accused was earlier granted bail by the trial Court but he failed to appear before the Court during the pendency of the trial. Considering the punishment of the offence and the period of custody of the applicant/accused, this application is allowed. It is directed that the applicant-accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. and so also as imposed by the trial Court.

A copy of this order be sent for compliance to the Court concerned. Certified copy as per rules.

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