Dharmendra vs The State Of M.P.
2021 Latest Caselaw 3316 MP

                                                                               1                              MCRC-34628-2021
                                                    The High Court Of Madhya Pradesh
                                                              MCRC-34628-2021
                                                               (DHARMENDRA AND OTHERS Vs THE STATE OF M.P.)


                                            Indore, Dated : 15-07-2021
                                                  Heard through Video Conferencing.

                                                  Shri Suhelnisar appearing on behalf of Asif Ahmed Khan, learned
                                            counsel for the applicants.
                                                  Shri Siddharth Jain, learned Public Prosecutor for the respondent/State.

This is first bail application under Section 439, Cr.P.C. filed by the

applicants- Dharmendra and Gabru @ Chandrapalsingh for grant of bail in connection with Crime No.112/2021 registered at Police-Station- Tanda, Tehsil Kukshi, District- Dhar for commission of the offence under Sections 306/34 of I.P.C.

As per prosecution story, on 15.04.2021 Bhurasingh has committed suicide by hanging himself in his house. After his death brother of the deceased Sursingh has lodged a report in the Police Station- Kukshi alleging that the present applicant used to torture and harass the deceased because Leelabai wife of Pratap is missing since last few days. They had an

apprehension that deceased Bhurasingh was involved in missing of Leelabai. He was under depression and tension because of this abatement and harassment and committed suicide.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. The ingredients of Section 306 of IPC is missing as held by the apex Court in the case of Arnab Manoranjan Goswami Vs State of Maharashtra and Others reported in 2020 SCC Online SC 964. Till today neither Police has recovered Leelabai nor recorded the statement of Bhilala to connect the present applicants in this case. Even, deceased has not left any suicide note and only on the basis of oral statement of Sursingh, the present applicants are apprehended. Learned counsel further submitted that the investigation is complete and challan has Signature Not VerifiedDigitally signed by SAN JYOTI CHOURASIA Date: 2021.07.16 10:32:34 IST been filed. The applicants are in custody since 26.06.2021, hence he prays for 2 MCRC-34628-2021 grant of bail to the applicants.

Learned Public Prosecutor for the respondent/State opposes the bail application.

The Supreme Court of India in the recent case of Arnab Manoranjan Goswami Vs State of Maharashtra and Others (supra) has again

summarised the law in respect of the scope of section 107 & 306 of the I.P.C., the relevant paragraphs are as under:-

57.Dealing with the provisions of Section 306 of the IPC and the meaning of abetment within the meaning of Section 107, the Court observed:

“12. In order to bring out an offence under Section 306 IPC specific abetment as contemplated by Section 107 IPC on the part of the accused with an intention to bring about the suicide of the person concerned as a result of that abetment is required. The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306 IPC. We are of the clear opinion that there is no question of there being any material for offence under Section 306 IPC either in the FIR or in the so-called suicide note.â€​

58.The Court noted that the suicide note expressed a state of anguish of the deceased and “cannot be depicted as expressing anything intentional on the part of the accused that the deceased might commit suicideâ€. Reversing the judgment of the High Court, the petition under Section 482 was allowed and the FIR was quashed.

Considering the facts and circumstances of the case but without commenting on the merit of the case, the application filed by the applicants is allowed. It is directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousands only) each with one solvent sureties each in the like amount to the satisfaction of the Trial Court for their regular appearance before the Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

Before releasing the applicants from custody, the jail authorities are directed to medically examine them in order to rule out the possibility of Signature Not VerifiedDigitally signed by SAN JYOTI CHOURASIA Date: 2021.07.16 10:32:34 IST COVID -19 infections and shall comply with the direction given by the 3 MCRC-34628-2021

Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.

M.Cr.C. No.34628/2021 stands disposed of.

(VIVEK RUSIA) JUDGE

jyoti

Signature Not Verified VerifiedDigitally Digitally signed by SAN JYOTI CHOURASIA Date: 2021.07.16 10:32:34 IST