Siraz Mirza vs The State Of Madhya Pradesh
2022 Latest Caselaw 6840 MP

                                 1

       IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                             BEFORE
         HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                    ON THE 06th OF MAY, 2022

          MISC. CRIMINAL CASE NO.22176 OF 2022

 Between:-
 SIRAZ MIRZA S/O SHRI FAYYAZUDDIN MIRZA,
 AGED 50 YEARS, OCCUPATION: ADVOCATE,
 R/O 1, RAFI AHMED KIDWAI GALI, BAGPURA,
 KHACHROD, DISTRICT-UJJAIN (MP)
                                                    .....APPLICANT
 (BY SHRI AJAY BAGADIA SR. ADV AND SHRI MA MANSOORI, ADV.)

 AND

 THE STATE OF MADHYA PRADESH,
 THROUGH POLICE STATION-TUKOGANJ,
 DISTRICT - INDORE (MP)
                                              .....NON-APPLICANT
 (BY SHRI RAGHVENDRA SINGH BAIS, GOVT. ADVOCATE )
 (BY SHRI G.S. BHADORIYA, ADVOCATE FOR OBJECTOR)
This application coming on for order this day, the court passed the
following:
                            ORDER

This is first bail application filed by the applicant Siraz Mirza S/o Shri Fayyazuddin Mirza under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.79/2022 registered at Police-Station-Tukoganj, District-Indore (MP) for the offence punishable under Section 306 and 34 of Indian Penal Code, 1860.

Senior Counsel for the applicant submits that the deceased had committed suicide on 14.10.2021, whereas suicide note has been recovered after three days on 17.10.2021 making allegation against the present applicant for harassing the deceased. He submits that the family of the deceased had borrowed certain money from the present applicant for which a cheque was issued by them in his favour which was bounced and therefore proceedings under Section 138 of Negotiable Instruments Act, 1881, was taken up by the present applicant. It is further submitted that demand of money of loan amount would not amounts to instigate or abetment under the law and in support of his contention, he has placed reliance on the judgment passed in the case of Dinesh Vs. State of Madhya Pradesh, CRR No.844/2016 decided on 17.08.2016 wherein it has been held that demand of loan amount would not amounts to instigate or abetment. It is further submitted that one of the co-accused Suresh Tiwari has already been granted bail by this Court. He submits that chargesheet has since been filed in the matter and investigation is also complete. The applicant is behind the bars since 12.04.2022 and the final conclusion of trial would take considerably long time. Hence, prayer is made to enlarge the applicant on bail.

Counsel for the non-applicant/State and counsel for Objector on the other hand has opposed the application on the ground that there is allegation in the suicide note against the present applicant for harassing the deceased and his family by demanding loan amount.

Counsel for the objector further submits that there is possibility of tampering the evidence by the present applicant in case if he

released on bail.

Considering the aforesaid submission and taking into consideration the fact that the allegation against the present applicant is that in the suicide note that he harassed the deceased and his family members by demanding the loan amount which would not amounts to instigate or abetment. Further a complaint was also filed by the applicant under Section 138 of Negotiable Instruments Act, this Court is of the considered view that applicant is entitled to be enlarged on bail. Accordingly, without commenting anything on merits of the case, the application is allowed.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of Trial Court for his regular appearance before the concerned Court with a condition that he shall remain present before the Trial Court on all such dates as may be fixed in this behalf by the Court concerned during the pendency of trial. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973. Miscellaneous Criminal Case No.22176 of 2022 stands allowed and is disposed of in above terms.

Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

ARUN NAIR 2022.05.06 18:54:27 +05'30'