Madhya Pradesh High Court
Chotelal Yadav vs The State Of Madhya Pradesh on 25 April, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 25th OF APRIL, 2022
CRIMINAL APPEAL No. 3409 of 2022
Between:-
1. CHOTELAL YADAV S/O SHRI HARIRAM YADAV , AGED
ABOUT 52 YEARS, OCCUPATION: LABOUR VILLAGE
KHAMRA TAHSIL DEORI DISTRICT SAGAR M.P. (MADHYA
PRADESH)
2. LAKHAN YADAV S/O SHRI SHYAMSUNDAR YADAV , AGED
ABOUT 35 YEARS, OCCUPATION: LABOUR R/O- VILLAGE-
KHAMRA, TAHSIL- DEORI, DISTRICT- SAGAR (M.P.)
(MADHYA PRADESH)
3. NANDLAL YADAV S/O SHRI RAMLAL YADAV , AGED
ABOUT 32 YEARS, OCCUPATION: LABOUR R/O- VILLAGE-
SARASBAGLI, TARADEHI, TAHSIL AND DISTRICT- DAMOH
(M.P.) (MADHYA PRADESH)
4. RAMLAL YADAV S/O SHRI NONELAL YADAV , AGED
ABOUT 70 YEARS, OCCUPATION: LABOUR R/O- VILLAGE-
SARASBAGLI, TARADEHI, TAHSIL AND DISTRICT- DAMOH
(M.P.) (MADHYA PRADESH)
5. NARAN S/O SHRI KHARAGRAM YADAV , AGED ABOUT 65
YEARS, OCCUPATION: LABOUR R/O- VILLAGE DHUDHIYA,
P.S. TARADEHI, DISTRICT- DAMOH (M.P.) (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI M.K.SONI, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION MAHARAJPUR DISTRICT SAGAR M.P. (MADHYA
PRADESH)
2. RAMPRAKASH ATHYA S/O HALKAI ATHYA , AGED ABOUT
40 YEARS, R/O- VILLAGE CHINDLI, TAHSIL- DEORI,
DISTRICT- SAGAR (M.P.) (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD PANDEY, GOVT. ADVOCATE)
This appeal coming on for admission this day, the court passed the following:
ORDER
The present appeal has been filed under Section 14-A of the Scheduled Castes and
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Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Act') against the
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order dated 06.04.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act,
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MUKHOPADHYAY
Date: 2022.04.27 14:23:22 IST
Sagar (MP), whereby, the application of the appellant under Section 439 of Cr.P.C. seeking
bail has been rejected.
Appellants are in custody since 28.03.2022 in connection with Crime No.29/2022
registered at Police Station - Maharajpur District Sagar for the offence punishable under
Sections 306 and 34 of Indian Penal Code, Section 3 (2) (v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act.
Counsel for the appellants submits that they have been falsely implicated in the matter
and they have not committed any offence in any manner. It is submitted that the appellants
are in custody since 28.03.2022. Investigation is over in the matter and charge sheet has
been filed in the matter. It is argued that they are first offenders. The allegation against the
present appellants are that there was some altercation between the deceased and the present
appellants owing to which they have inflicted beating to the deceased by hands, as a result
of which the deceased has committed suicide by hanging. It is argued that for registration of
offence under Section 306 of Indian Penal Code, the ingredients of Section 107 of the I.P.C.
are required to be fulfilled.
Placing reliance upon the judgment passed by the Hon'ble Supreme Court in the case
of Swamy Prahaladdas Vs. State of M.P. and another reported in 1995 Supp. (3) SCC
438, Ramesh Kumar Vs. State of Chhatisgarh reported in (2001) 9 SCC 618 and
Chitresh Kumar Chopra Vs. State (Govt of NCT of Delhi) reported in 2009 (11) Scale
24, it is argued that there is nothing on record to establish the mens rea against the present
appellants. Merely giving 3 - 4 slaps to the deceased owing to which he committed suicide
does not fall under the category of instigation to commit suicide. There is no act of intention
of the appellants which can be reflected from the prosecution story to fulfill the ingredients
of Section 107 of I.P.C. As the charge-sheet has already been filed in the matter, therefore,
there is no further requirement of further custodial interrogation of the present appellants,
therefore, it has been prayed that the appellants be released on bail.
Per contra, counsel for the State has vehemently opposed the application stating that
there are specific allegations in the statement of witnesses which have been recorded under
Section 161 of Cr.P.C. that the appellants have inflicted injuries and there was an altercation
between the appellants and the deceased and the appellants have given 3 - 4 slaps to the
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deceased Babloo owing to which he has committed suicide by hanging. It is submitted that
MUKHOPADHYAY the ingredients of Section 107 of I.P.C. are fulfilled in the matter as the factum of altercation
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Date: 2022.04.27 14:23:22 IST
and abusing Babloo is against the present appellants. The appellant No.3 - Nandlal Yadav is
having the criminal history of 3 - 4 cases but fairly submits that they are minor offences.
Filing of charge sheet is also not disputed.
The Hon'ble Supreme Court in the case of Sanju alias Sanjay Singh Sengar Vs.
State of M.P. reported in AIR 2002 SC 1998, wherein the Hon'ble Supreme Court has
held that merely uttering of the words 'go and die' does not constitute the offence under
Section 306 of IPC. The Hon'ble Supreme Court in the case of Gurucharan Singh Vs.
The State of Punjab reported in 2020 (10) SCC 200 in paragraphs 10 and 15 has
categorically held that "In order to give the finding of abetment under section 107 IPC, the
accused should instigate a person either by act of omission or commission and only then, a
case of abetment is made out. The mens rea has to be established. To prove the offence of
abetment, as specified under Sec 107 of the IPC, the state of mind to commit a particular
crime must be visible, to determine the culpability. In order to prove mens rea, there has to
be something on record to establish or show that the appellant herein had a guilty mind and
in furtherance of that state of mind, abetted the suicide of the deceased. The ingredient of
mens rea cannot be assumed to be ostensibly present but has to be visible and
conspicuous.".
Considering the over all facts and circumstances of the case and the aforesaid
judgments and also the fact that there is nothing on record to establish the ingredients of
Section 107 of Indian Penal Code coupled with the fact that the appellants are first
offenders, without commenting upon the merits of the case, this Court deems it appropriate
to allow this appeal, subject to verification of the fact that the appellants are the first
offenders. The appellant No.1 - Chhotelal Yadav , appellant No.2 - Lakhan Yadav ,
appellant No.3 - Nandlal Yadav , appellant No.4 - Ramlal Yadav and appellant No.5 -
Naran are directed to be released on bail on furnishing surety bond of Rs.50,000/-
(Rupees Fifty thousand Only) each with one solvent surety each in the like amount to the
satisfaction of trial Court.
This order will remain operative subject to compliance of the following conditions by
the appellants :-
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1. The appellants will comply with all the terms and conditions of the bond executed
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by them;
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MUKHOPADHYAY
Date: 2022.04.27 14:23:22 IST
2. The appellants will cooperate in the investigation/trial, as the case may be;
3. The appellants will not indulge themselves in extending inducement, threat or promise
to any person acquainted with the facts of the case so as to dissuade them from disclosing
such facts to the Court or to the Police Officer, as the case may be;
4. The appellants shall not involve any other offence, in case the appellants indulge in
any other criminal case the benefit of bail as extended by this Court shall automatically
cancelled.
5. The appellants will not seek unnecessary adjournments during the trial;
6. The appellants will not leave India without previous permission of the trial
Court/Investigating Officer, as the case may be.
7. The appellants will inform the concerned S.H.O. of concerned Police Station about
his residential address in the said area and it would be the duty of the Public Prosecutor to
send E-copy of this order to SHO of concerned police station as well as Superintendent of
Police concerned who shall inform the concerned SHO regarding the same.
In view of the COVID-19, jail authorities are directed to follow the Covid-19 protocol
as per the Government guidelines before releasing the appellants on bail.
Appeal stands allowed and disposed of.
Certified copy as per rules.
(VISHAL MISHRA)
JUDGE
AM
Signature Not Verified
SAN
Digitally signed by ANINDYA SUNDAR
MUKHOPADHYAY
Date: 2022.04.27 14:23:22 IST
