Shyam Sundar Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 7041 MP

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         THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.53484/2021
       (SHYAM SUNDAR SHARMA VS. STATE OF M.P.)

Gwalior, Dated : 29/10/2021

      Shri Atul Gupta, learned counsel for the applicant.

      Shri B.M.Shrivastava, learned counsel for the State.

      Shri Siddharth Sharma, learned counsel for the complainant.

      Case diary is available.

      This first application under Section 438 of Cr.P.C. has been

filed for grant of anticipatory bail.

      The applicant apprehends his arrest in connection with Crime

No.577/2021 registered at Police Station Bahodapur, District Gwalior

for offence under Sections 498-A and 306/34 of I.P.C.

      It is submitted by the counsel for the applicant that the

applicant is the father-in-law of the deceased, who was married to the

son of the applicant on 26/06/2012. She committed suicide on

07/08/2021

. It is submitted that this Court by order dated 22/10/2021

passed in MCRC No.50704/2021 has already been rejected the bail

application of Deepak Sharma @ Pankaj Sharma, who is the elder

brother-in-law (Jeth) of the deceased, but the case of the present

applicant is distinguishable. It is submitted that the prosecution

witnesses have specifically stated that one month prior to the date of

commission of suicide, the applicant had already shifted to

Brindavan. It is further submitted that the witnesses have also

claimed that immediate prior to the commission of suicide, the

THE HIGH COURT OF MADHYA PRADESH MCRC No.53484/2021 (SHYAM SUNDAR SHARMA VS. STATE OF M.P.)

deceased had informed her Bhabhi on mobile that co-accused Deepak

Sharma @ Pankaj Sharma, Monu (elder brother-in-law) and his wife

are harassing her and are also beating her and are alleging that she is

of a dark complexion. Thus, it is submitted that it appears that the

immediate cause of commission of suicide was harassment and

beating by co-accused Deepak Sharma @ Pankaj Sharma, Monu and

his wife and admittedly, the applicant had already left his house and

has shifted to Brindavan by that time.

So far as the non-vaccination of the deceased for Covid-19 is

concerned, she was tested positive in the month of April, 2021 and as

per the protocol, the vaccination would have taken place only after

90 days of recovery. The applicant is aged about 58 years and the

Trial is likely to take sufficiently long time and there is no possibility

of his absconding or tampering with prosecution witnesses as he has

already shifted/migrated to Brindavan.

Per contra, the application is vehemently opposed by the

Counsel for the State as well as counsel for the complainant. Initially,

the counsel for the complainant had tried to meet out the arguments

of Shri Gupta by saying that Deepak Sharma and Pankaj Sharma are

two different accused persons and allegations made against the

applicant are identical to that of Deepak Sharma. However, later on,

Shri Sharma corrected himself by admitting that earlier, he had also

THE HIGH COURT OF MADHYA PRADESH MCRC No.53484/2021 (SHYAM SUNDAR SHARMA VS. STATE OF M.P.)

filed a petition under Section 482 of Cr.P.C. and in the said

application the complainant himself has claimed that Deepak Sharma

is also known as Pankaj Sharma and thus, it is conceded that it was

Deepak Sharma @ Pankaj Sharma, who was alleged to have harassed

and beaten the deceased as per the information given by the deceased

to her Bhabhi.

Considering the age of the applicant, coupled with the fact that

he had admittedly migrated/shifted to Brindavan about one month

prior to the date of incident and the applicant has not been assigned

any role in the allegations, which were made immediately prior to the

date of commission of suicide and without commenting on the merits

of the case, the application is allowed subject to condition that if the

applicant appears before the Investigating Officer (Arresting Officer)

on or before 05/11/2021, he shall be released on bail on his

furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One

Lac) with one surety in the like amount to the satisfaction of the

Arresting Officer (Investigating Officer).

The applicant shall make himself available for interrogation by

the Investigating Officer as and when required. He shall further abide

by the other conditions enumerated in sub-section (2) of Section 438

of Cr. P. C.

It is made clear that in case if the applicant fails to appear

THE HIGH COURT OF MADHYA PRADESH MCRC No.53484/2021 (SHYAM SUNDAR SHARMA VS. STATE OF M.P.)

before the Investigating Officer (Arresting Authority) on or before

05/11/2021, then this order shall lose its effect and the Investigating

Officer shall be at liberty to take him in custody.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

C.c. as per rules.

                                                                   (G.S. Ahluwalia)
Pj'S/-                                                                   Judge
   Digitally signed by
   PRINCEE BARAIYA
   Date: 2021.10.29
   15:36:02 -07'00'