Vivek Rusia, J
1. This is first application filed under Section 438 Cr.P.C. by applicant â€" Mamtabai W/o. Govind who is apprehending her arrest by Police in
connection with Crime No.382/2020 registered at Police Station Kalipeeth, District Rajgarh, concerning offence u/s. 302 of the IPC and u/s. 30 of the
Arms Act.
2. Heard the learned counsel for the parties and perused the case diary through Video Conferencing.
3. As per prosecution story, husband of the applicant - Govind has fired a guns-hot in the marriage-procession and because of which one person has
died. Accordingly, the police has registered the case u/s. 302 against Govind. During investigation it revealed that he has fired the gun-shot from the
licenced gun of the present applicant, therefore, charge u/s. 30 of the Arms Act has been added in this case.
4. Feeling apprehension of arrest, the applicant approached the Sessions Court by way of an application u/s. 438 of the IPC. Vide order dated
2.1.2021 learned Addl. Sessions Judge has rejected the application on the ground that offence u/s. 30 of the Arms Act is bailable, therefore, the
present application is not maintainable. Still the applicant is apprehending her arrest, therefore, she has filed the present application before this Court
for grant of anticipatory bail.
5. Learned Panel Advocate appearing for respondent/State was directed to obtain instructions as to whether the Investigating Officer (IO) is intending
to arrest the applicant. He submits that according to the IO the FIR is registered for the offence u/s. 302 of the IPC also, therefore, he is not able to
enlarge the applicant on bail. In view of the aforesaid statement, the present application is maintainable before this Court. This Court is also having
power to consider the application u/s. 438 of the Cr.P.C.
6. The only allegation against the present applicant is that she has failed to give proper protection to the licenced gun and permitted her husband to use
the same. There is no charge u/s. 34 of the IPC along with Section 302 of the IPC. The applicant has been made accused only for violation of Section
30 of the Arms Act which is a bailable offence. Therefore, I am of the opinion to grant bail to the applicant.
7. Accordingly, this M.Cr.C. is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime number, she
shall be released on bail upon her furnishing personal bond in the sum of Rs.40,000/- (Forty Thousand) with one surety in the like amount to the
satisfaction of the arresting officer. This order shall be governed by the conditions No.1 to 3 of sub section (2) of section 438 Cr.P.C. The applicant
shall co-operate with the investigation.
With the aforesaid, this M.Cr.C. stands disposed of.
C.C. as per rules.
