Madhya Pradesh High Court
Sohan Singh Tomar vs The State Of Madhya Pradesh on 11 April, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 16620/2022
(SOHAN SINGH TOMAR Vs STATE OF MADHYA PRADESH)
Gwalior, Dated : 11/04/2022
Shri Pallav Tripathi, Counsel for applicant.
Shri C.P. Singh, Counsel for State.
Shri Arun Sharma, Counsel for complainant.
Case diary is available.
This first application under Section 438 of CrPC has been filed
for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime
No.117/2022 registered at Police Station- Hazira, District Gwalior,
for offence punishable under Sections 306, 34 of IPC.
It is submitted by Counsel for applicant that the applicant is the
father-in-law of the deceased. He had left a suicide note in which he
has mentioned that on 17.02.2022, his wife was trying to commit
suicide by jumping in front of a running train and when he called her
near relatives, then nobody came there. Thereafter, he went along-with
police personnel and when she was talking nonsense, she was beaten
by him on which an FIR was lodged by the police. Earlier also, the
daughter of applicant had lodged a false criminal case under Section
498 of IPC against the deceased and his family members. She was in
habit of talking to unknown persons. He also admitted that he had
beaten her but she did not improve her conduct. Whenever a
complaint was made to applicant and her family members, then every
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 16620/2022
(SOHAN SINGH TOMAR Vs STATE OF MADHYA PRADESH)
time they replied that wife of the deceased has died for them but still
they were continue to help her out. Now, he is upset with all the
incidents and he is not in a position to bear the pressure anymore. It is
submitted that even if entire allegations are accepted, then it is clear
that no offence under Section 306 of IPC would be made out. The
applicant is ready and willing to cooperate with the investigation.
There is no possibility of his absconding or tampering with
prosecution case.
Per Contra, the application is opposed by the State Counsel as
well as Counsel for complainant.
Considering the facts and circumstances of the case 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 18.04.2022, he
shall be released on bail on his furnishing a personal bond in the sum
of Rs.1,00,000/- (Rupees One Lac Only) 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.
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 16620/2022
(SOHAN SINGH TOMAR Vs STATE OF MADHYA PRADESH)
It is made clear that in case if the applicant fails to appear
before the Investigating Officer (Arresting Authority) on or before
18.04.2022, 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.
CC as per rules.
(G.S. Ahluwalia)
Judge
Aman
AMAN TIWARI
2022.04.11
17:06:34 +05'30'
