Madhya Pradesh High Court
Mubarik @ Babuji vs The State Of Madhya Pradesh on 12 November, 2021
Author: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M. CR. C. No. 48601 / 2021
MUBARIK @ BABUJI Vs. STATE OF MP
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INDORE, Dated : 12/11/2021
Mr. Sanjay Sharma, learned counsel for the applicant.
Mr.Neeraj Gaur, learned PL for the respondent - State.
This is first application under Section 439 of the Code of
Criminal Procedure, 1973 filed on behalf of the applicant for
grant of bail. The applicant is implicated in connection with
Crime No.453/2021 registered at Police Station- Bhatpachlana,
Distt. Ujjain (MP) for commission of offence punishable under
Section 306 of the Indian Penal Code. The applicant is in
custody since 3/7/2021.
As per prosecution story, deceased Bharatlal had taken
loan of Rs.50,000/- from the present applicant and he had repaid
the entire loan amount to the present applicant. The applicant
used to take milk and other food items from the shop of the
deceased without making any payment and due to extreme
mental pressure and as a result of harassment meted out by the
applicant, Bharatlal committed suicide by hanging. Accordingly,
offence has been registered against the present applicant.
Learned counsel for the applicant submits that the
applicant is innocent person and has been falsely implicated in
this case. It is submitted that looking to the ingredients of the
offence, Sec. 306 of the Indian Penal Code, 1860 is not made
out. There is no material to establish that abetment or instigation
on the part of the present applicant which led the deceased to
commit suicide. The deceased has taken loan from so many
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M. CR. C. No. 48601 / 2021
MUBARIK @ BABUJI Vs. STATE OF MP
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persons and, therefore, on account of frustration he has
committed suicide. Applicant is a 69 years old person suffering
from blood pressure, sugar and various heart ailments. He is in
custody since 3/7/2021 and in between 5/7/2021 to 9/7/2021 he
was admitted in Civil Hospital, Ujjain in the police custody due
to serious diseases. Investigation is over and charge sheet has
been filed. Final conclusion of the trial is likely to take
sufficiently long time. Reliance has been placed upon the
judgment delivered by this Court in the case of Ram Naresh and
another Vs. State of MP and others reported in [2000 (2) MPLJ
360]; Paramjeet Singh Chawala Vs. State of M.P. reported in
2007 Cri.LJ 3343; and in the case of Ku. Ekta Vs. State of M.P.
(Cr.R.No. 5220/2018). He, therefore, prays that applicant be
released on bail.
Per contra, learned Government Advocate for respondent -
State opposes the bail application and prays for its rejection by
submitting that the deceased left suicide note and as per the
suicide note, present applicant is responsible for death of
deceased. Hence, the applicant does not deserves to be enlarged
on bail.
Heard learned counsel for the parties at length and perused
the case diary as well as the impugned order.
Considering all the facts and circumstances of the case,
nature of allegation and gravity of the offence and also taking
note of the fact that applicant is a 69 years old person and
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M. CR. C. No. 48601 / 2021
MUBARIK @ BABUJI Vs. STATE OF MP
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suffering from various serious ailments, investigation is over and
charge sheet has been filed; trial will take considerable long time
for its final conclusion, without commenting upon the merits of
the case, I deem it proper to release the applicant on bail.
Accordingly, the application filed by the applicant is
allowed. The applicants is directed to be released on bail on his
furnishing personal bond in the sum of Rs.75,000/- (Rupees
Seventy five thousand only) with one solvent surety of the like
amount each to the satisfaction of the trial Court for his regular
appearance before the trial Court during trial with a condition
that he shall remain present before the court concerned during
trial and shall also abide by the conditions enumerated under
Section 437 (3) Criminal Procedure Code, 1973.
Before releasing the applicant from 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.1/2020.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
KR
Digitally signed by KAMAL RATHORE
Date: 2021.11.12 14:47:35 +05'30'
