Vikram Pathak vs The State Of Madhya Pradesh
2021 Latest Caselaw 7519 MP

                                                                          1                           MCRC-24223-2021
                                               The High Court Of Madhya Pradesh
                                                       MCRC No. 24223 of 2021
                                                         (VIKRAM PATHAK Vs THE STATE OF MADHYA PRADESH)


                                       Jabalpur, Dated : 17-11-2021
                                             Shri A.K. Chourasia, counsel for the applicant.

                                             Shri Tapan Bathre, panel lawyer for the respondent/State.

This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.

T h e applicant has been arrested on 05.03.2021, by Police Station

Singhpur, District Satna in connection with Crime No.291/2020 for the offence punishable under Sections 304, 348, 330, 331, 201 and 34 of the Indian Penal Code.

T h e allegation against the present applicant is that the death of deceased Rajpati Kushwaha was taken place during the interrogation by the present applicant.

It is pointed out that the applicant has falsely been implicated in the case. He has not committed any offence in any manner. There is nothing on record to demonstrate that the applicant has fired the gunshot, which has

resulted in to death of deceased Rajpati Kushwaha. He is a Government servant working as Sub Inspector. It is argued that with respect to some Crime number and having suspicion on the deceased, he was called in Police Station for interrogation, but all of a sudden he himself has taken up the weapon of the applicant and has committed suicide. He is ready to abide by all terms and condition that may be imposed by this Court while considering his application for bail. He is custody since 05.03.2021. Charge-sheet has already been filed in the matter. The applicant has placed reliance upon the judgment passed by the Supreme Court in the case of Laxman Mahadeo Sariputra Vs. State of Maharashtra reported in 2001 (3) Crimes 183; wherein, considering the provisions of Section 304 Part-I, IPC, the applicant was enlarged on bail. In view of the aforesaid, a prayer has been made to Signature Not Verified SAN enlarge the applicant on bail.

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.11.18 18:54:03 IST 2 MCRC-24223-2021 Per contra, counsel appearing for the State has vehemently opposed the bail application stating that a judicial enquiry was conducted into the matter and in the enquiry report it is clearly reflected that the applicant was a person, who was responsible for death of Rajpati Kushwaha. Applicant and co-accused Ashish Tiwari were the only persons available in the Police

Station at the relevant time and the entire burden is on the applicant to explain the circumstances that why the death has taken place during his custodial interrogation. It has further argued that there is no Panchnama with respect to calling the present applicant for custodial interrogation with respect to crime number. In absence of any Panchnama, it cannot be said that the deceased was called for interrogation in a crime number; however, entire circumstances clearly reflects that the murder has been committed by the present applicant. On these grounds, he has prayed for dismissal of the application.

Considering the overall facts and circumstances of the case, this Court does not deem it appropriate to allow the application at this stage. The judgment relied upon by the applicant in the case of Laxman Mahadeo Sariputra (supra) is not applicable with the facts and circumstances of the case.

Accordingly, the bail application filed by the applicant under Section 439, Cr.P.C. is hereby rejected.

(VISHAL MISHRA) JUDGE

taj

Signature Not Verified SAN

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.11.18 18:54:03 IST