Madhya Pradesh High Court
Gopal Paridwal vs The State Of Madhya Pradesh on 9 March, 2021
Author: Vivek Rusia
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M CR C No. 13154 / 2021
GOPAL PARIDWAL Vs. STATE OF MP
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INDORE, Dated : 09/03/2021
Heard through video conferencing.
Mr. P K Saxena, learned senior counsel appearing with Mr.
Raj Bajad Advocate for the petitioner.
Mr. Zeeshan Khan, learned Panel Lawyer for the respondent
- State.
This is second application filed under Section 439 of Cr.P.C.
by the applicant - Gopal Paridwal, who has been arrested by Police
on 14/12/2020 in connection with Crime No. 294/2020, Police
Station Tilak Nagar Indore for the offence punishable under Section
306 of the Indian Penal Code. First application was dismissed as
withdrawn on 22/1/2020. Thereafter prosecution has examined wife,
son and daughter of the deceased who have turned hostile and did
not support the case of the prosecution.
02- As per prosecution Story, Narsingh Devda borrowed some
money from the present applicant and since he could not repay
therefore he committed suicide. He left suicide note in which he has
named the present applicant and alleged that he used to threaten
him for returning 3½ lac rupees and due to which he is committing
suicide.
03- Learned senior counsel for the applicant submits that the
prosecution witnesses specially wife, son and daughter have not
supported the case of the prosecution and they deposed in the court
that due to the lockdown the financial condition of the deceased
became worst and due to which he committed suicide. Learned
counsel for the petitioner has placed reliance upon the judgment in
the case of Arnab Manoranjan Goswami Vs. State of Maharashtra
(2020 SCC Online 964). Hence, the applicant is entitled for grant of
bail.
04- Learned Panel Advocate appearing for the respondent / State
opposes the prayer.
05- In view of the change circumstances, without further
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M CR C No. 13154 / 2021
GOPAL PARIDWAL Vs. STATE OF MP
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commenting on the merits of the case, it would be appropriate to
enlarge the applicant on bail.
06- Accordingly, this application is allowed and the applicant is
directed to be released on bail upon her furnishing a personal bond
in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one
surety in the like amount to the satisfaction of the Trial Court for his
appearance before that Court during the pendency of trial. It is
made clear that in case the applicant is found involved in any other
criminal activity, then this bail order shall stand automatically
vacated.
07- Before releasing the applicant from the custody the jail
authorities are directed to medically examine him in order to rule out
the possibility of COVID-19 infections and shall comply with the
direction given by the Hon'ble Apex Court in Writ Petition
No.01/2020.
Certified copy as per rules.
(VIVEK RUSIA)
JUDGE
KR
Digitally signed by Kamal Rathor
Date: 2021.03.09 18:34:32 +05'30'
