Hariprasad vs The State Of Madhya Pradesh
2021 Latest Caselaw 6340 MP

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  HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                        MCRC NO.37608/2021
Hariprasad s/o Shri Laxmichand Sahu
Age 50 years, occupation Business
R/o 38, New Govind Colony, Indore          ........Applicant.
vs.
State of M.P through
police station Banganga, Indore M.P             ........Respondent.

04.10.2021: (Indore):

Shri Vijay Sharma, learned counsel for the applicant. Smt.Mamta Shandilya, learned GA for the State. Shri R.S.Bais, learned counsel for the complainant.

This is second repeat application filed under section 439 Cr.P.C seeking bail in connection with crime no.638/2021 registered at police station Banganga, district Indore for the offence under sections 294, 323, 506, 306, 34 IPC. The first application was dismissed as withdrawn on 7.7.2021 vide MCRC no.29735/2021 with liberty to renew the prayer after completion of investigation and filing of charge sheet. The charge sheet was filed on 22.7.2021 and thereafter two co- accused have been enlarged on bail by the Sessions Court, hence the present repeat application before this Court.

As per prosecution story, the applicant was elected as President of the Karma Krishna Sahu Samajik Samiti, Indore (fort short 'the Samiti'). Deceased Pyarelal was appointed as Treasurer of the Samiti to maintain the record of income and expenditure of the office of the Samiti and its temple since 2011. The executive committee of the Samiti has demanded the details of the income and expenditure from Pyarelal but he was not producing the same. The executive committee of the Samiti in its meeting dated 9.5.2021 took a decision to give him a notice. Despite receipt of notice neither he appeared nor he submitted the details. On 11.5.2021 he made a complaint to the police and thereafter committed suicide by consuming poisonous substance. His relatives took him to the hospital where he died. Accordingly,

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police has registered an FIR under section 306, 294, 323, 506 & 34 of the IPC.

Learned counsel for the applicant submits that except the offence under section 306 IPC all other offences are bailable in nature. The ingredients of offence under section 306 IPC are missing in this case. The applicant being the President of the Samiti demanded the details of income and expenditure from the deceased. Since he has embezzled the money, therefore, he was not submitting the details and in apprehension of taking action against him he committed suicide. In support of this contention he has placed reliance over the judgment passed by this Court in the case of Gopal Soni & another vs. State of M.P- MCRC No.25449/2019 decided on 26.6.2019, Jitendra s/o Lekhraj patidar and another vs. State of M.P & another- MCRC No.7084/2017 decided on 2.1.2018.

Learned Govt. Advocate opposes the bail application by submitting that the suicide note was recovered and the same has been sent for verification of hand writing of the deceased. The viscera has also been sent to the FSL and the same has not been received so far. The other co-accused have not been arrested so far, hence prays for rejection of the bail application.

Learned counsel appearing for the objector opposes the bail application by submitting that the deceased lodged a report against the applicant and his son in the police station on 21.5.2021 alleging the assault. Thereafter on 22.5.2021 he was not permitted to enter into the temple. He was again assaulted and threatened. His cow has been set free. On 23.5.2021 near about 6 a.m he again went to the temple for offering prayer where also the applicant and his son had assaulted him badly. He was taken Aravindo hospital and after treatment he was discharged. After reaching home he again became unconscious and taken to the hospital where he was declared dead. The police registered a Marg. The deceased left a suicide note in which he has narrated the entire conduct of the applicant. However, the same was presented to the police after two days by the son of the deceased.

Heard learned counsel for the parties and perused the case diary.

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The investigation is complete against the applicant. His two sons Chetan and Ravi have been granted bail by the learned Sessions Judge. Except the offence under section 306 IPC all other offences are bailable in nature. The allegation against the applicant and his son is that they assaulted the deceased on 21.5.2021, 22.5.2021 & 23.5.2021 and they did not permit him to enter into the temple situated in the Dharamshala because of which he committed suicide.

The law with regard to the applicability of Section 306 of IPC is well settled. The Hon'ble Supreme Court of India in the recent case of Arnab Manoranjan Goswami Vs. State of Maharashtra and Others reported in 2020 SCC OnLine SC 964 has again summarized 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."

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 suicide". Reversing the judgment of the High Court,the petition under Section 482 was allowed and the FIR was quashed."

In view of the aforesaid facts and circumstances of the case, without commenting on the merit of the case, the application is allowed. The applicant is directed to be released on bail on his

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furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety of the like amount 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) Cr.P.C.

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. 1/2020.

C.c as per rules.

(VIVEK RUSIA) Digitally signed by HARI JUDGE KUMAR C G NAIR Date: 2021.10.05 17:55:57 +05'30' hk/