IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 690 OF 2020 (Arising out of SLP (Criminal) No.4323 of 2020)

SUNITA TIWARI …Appellant

VERSUS

STATE OF MADHYA PRADESH …Respondent

O R D E R

Leave granted.

Mukesh Nasa Date: 2020.10.17 13:23:36 IST Reason:

This appeal arises out of the order dated 13.07.2020 passed by the High Court of Madhya Pradesh at Jabalpur in M.Cr.C. No.46353 of 2019.

The appellant, sister-in-law (jethani) of the deceased, is arrayed as accused no.4 in crime registered pursuant to FIR No.158/2019, with Police Station Chorhata, District Rewa, Madhya Pradesh, for the offences punishable under Sections 498-A, 304-B, 201 & 34 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961.

Following features are evident from record:- Digitally signed by Dr. Signature Not Verified

a) The appellant has been in custody since 19.08.2019;

b) Two other co-accused, namely, father-in-law and mother-in-law of

the deceased are already on bail; and

c) Though the charge-sheet has been filed, charges are yet to be framed.

Considering the circumstances on record including the fact that the appellant has completed almost 14 months of actual custody, in our view, the appellant is entitled to the relief under Section 439 of the Code of Criminal Procedure, 1973.

We, therefore, allow this appeal and direct release of the appellant on bail during the pendency of trial.

The appellant shall be produced before the Trial Court within three days from today and the Trial Court shall release her on bail, subject to such conditions as the Trial Court may deem appropriate to impose to ensure her presence and participation in the proceedings initiated pursuant to the aforesaid crime.

The appeal is allowed in the aforesaid terms.

........................................J. [UDAY UMESH LALIT]

.......................................J. [S. RAVINDRA BHAT]

NEW DELHI; OCTOBER 16,2020. ITEM NO.14 COURT NO.4 SECTION II-A (HEARING THROUGH VIDEO CONFERENCING)

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No.4323/2020

(Arising out of impugned final judgment and order dated 13-07-2020 in MCRC No.46353/2019 passed by the High Court Of M.P. Principal Seat At Jabalpur)

SUNITA TIWARI Petitioner(s)

VERSUS

STATE OF MADHYA PRADESH Respondent(s)

(IA No.90407/2020 – FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.90408/2020 – FOR EXEMPTION FROM FILING O.T.)

Date : 16-10-2020 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT

For Petitioner(s)	Dr. M.K. Gahlaut, Adv.
	Mr. Dharam Parkash, Adv.
	Mr. Aman Gupta, AOR

For Respondent(s) Mr. Mukul Singh, Dy. AG Mr. Arjun Garg, AOR Ms. Shrutika Garg, Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed, in terms of the Signed order. Pending applications, if any, also stand disposed of.

(MUKESH NASA) (PRADEEP KUMAR) COURT MASTER BRANCH OFFICER (Signed Order is placed on the File)