Madhya Pradesh High Court
Deepak Sonkar vs State Ofm.P. on 14 March, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 14th OF MARCH, 2022
MISC. CRIMINAL CASE No. 7145 of 2022
Between:-
1. DEEPAK SONKAR S/O SHRI RAMDULARE SONKAR
, AGED ABOUT 46 YEARS, OCCUPATION: ANIMAL
HUSBANDRY R/O KHATIK MOHALLA NEAR
DURGA MANDIR NEAR MURDI SEHORE TEHSIL
AND DISTRICT SEHORE (M.P) (MADHYA
PRADESH)
2. DILIP SONKAR S/O SHRI RAMDULARE SONKER,
AGED ABOUT 35 YEARS, OCCUPATION: ANIMAL
HUSBANDRY R/O KHATIK MOHALLA, NEAR
DURGA MANDIR , NEAR MURDI, SEHORE TEHSIL
AND DISTRICT - SEHORE (M.P.) (MADHYA
PRADESH)
.....APPLICANTS
(BY SHRI AKHIL GODHA, ADVOCATE)
AND
STATE OF M.P. THROUGH P.S. KOTWALI DISTRICT
SEHORE M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJEET KUMAR RAWAT, GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
Heard on I.A.No.2627/2022, an application for assisting the Government
Advocate.
O n due consideration, the application is allowed. Shri Ramanuj Choubey,
Advocate is permitted to assist the Government Advocate.
This is the first bail application under Section 439 of Cr.P.C filed by the
applicants for grant of bail.
The applicants have been arrested on 28.11.2021 by Police Station Kotwali,
Sehore, District Sehore (M.P.) in connection with Crime No.963/2021 for the
offence punishable under Sections 306, 384 and 34 of the Indian Penal Code and
Signature Not Verified
SAN Section 4 of the M.P. Protection of Debtors Act, 1937.
Digitally signed by TAJAMMUL HUSSAIN
KHAN
It is alleged by the prosecution that the applicants used to demand money
Date: 2022.03.14 17:13:38 IST
from the deceased owing to which he committed suicide.
It is submitted that the applicants have been falsely implicated in the case
and they have not committed any offence in any manner. It is further submitted that
looking to the prosecution story, no offence under Section 306 of IPC is made out
against the present applicants. Suicide note has been recovered. From the perusal
of suicide, no instigation is reflected from the part of the applicants. It is further
submitted that the investigation is over and the charge-sheet has been filed on
17.01.2022. Counsel for the applicants placed reliance upon the judgment passed
by the Supreme Court in the case of Sanju @ Sanjay Singh Sengar Vs. State of
Madhya Pradesh reported in AIR 2002 SC 1998 and judgment in the case of
Mahendra Singh and Anr. Vs. State of M.P. reported in 1996 Cri.L.J. 894
and has argued that in both the cases the Hon'ble Supreme Court has categorically
stated that the ingredients of Section 107 of IPC is to be established for the
offence under Section 306 of IPC. No instigation is available on record to enable
the prosecution to implicate the applicants regarding commission of offence. He
has further placed reliance upon the judgment passed by this Court in M.Cr.C.
No.1742/2016 on 08.03.2017; whereby, under the provisions of Section 482,
Cr.P.C. the proceedings of Sessions Trial No.44/2016 were quashed for the
offence punishable under Section 306 of IPC placing reliance upon the judgment
of Sanju @ Sanjay Singh Sengar (supra) and Mahendra Singh (supra).
Per contra, learned counsel appearing for the State as well as counsel for the
objector have vehemently opposed the prayer stating that there is active
participation of the applicants in commission of the offence. They were harassing
and pressurizing the deceased to return the amount for which he committed
suicide. The suicide note also clearly reflect the same. Even the statements of some
of the neighbors have been recorded which demonstrate the fact regarding
harassment and taking of money by the applicants. They are unable to establish the
fulfillment of mensrea for offence under Section 306 of IPC. Filing of charge-sheet
has not been disputed by the State counsel. It is contended that the applicants are
Signature Not Verified
having three other criminal cases for minor offences, two cases were of the year
SAN
Digitally signed by TAJAMMUL HUSSAIN
2016 and one case is 20 years back. In this view of the matter, they pray for
KHAN
Date: 2022.03.14 17:13:38 IST
dismissal of the application.
Considering the over all facts and circumstances of the case and without
commenting upon the merits of the case, this application is allowed. The applicants
be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty
Thousand Only) each with one local surety in the like amount to the satisfaction
of trial Court.
In view of the COVID-19, jail authorities are directed that before releasing
the applicants, medical examination of applicants shall be undertaken by the jail
doctor and on prima-facie, if it is found that they are having the symptoms of
COVID-19, then consequential follow up action including the isolation/quarantine
or any test if required, be ensured, otherwise applicants shall be released
immediately on bail and shall be given a pass or permit for movement to reach their
place of residence.
This order will remain operative subject to compliance of the following
conditions by the applicants :-
1. The applicants will comply with all the terms and conditions of the bond
executed by them;
2. The applicants will cooperate in the investigation/trial, as the case may be;
3. The applicants 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 applicants shall not involve any other offence, in case the applicant
indulge in any other criminal case the benefit of bail as extended by this Court shall
automatically cancelled;
5. The applicants will not seek unnecessary adjournments during the trial;
6. The applicants will not leave India without previous permission of the trial
Court/Investigating Officer, as the case may be;
7. The applicants will inform the concerned S.H.O. of concerned Police
Station about their residential addresses 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
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.03.14 17:13:38 IST
station as well as Superintendent of Police concerned who shall inform the
concerned SHO regarding the same.
Application stands allowed and disposed of.
Certified copy as per rules.
(VISHAL MISHRA)
JUDGE
taj
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2022.03.14 17:13:38 IST
