Mohd. Imran Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 1101 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SMT. JUSTICE NANDITA DUBEY
                                               ON THE 18 th OF JANUARY, 2023
                                           MISC. CRIMINAL CASE No. 1426 of 2023

                          BETWEEN:-
                          MOHD. IMRAN KHAN, S/O SHRI MOHD. ISHAK KHAN,
                          AGED ABOUT 32 YEARS, OCCUPATION: PRIVATE WORK,
                          R/O HOUSE NO. A-52, SHED ASHOKA GARDEN, BHOPAL
                          DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY MR. GHANSHYAM SHARMA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION ASHOKA GARDEN, DISTRICT BHOPAL
                          (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (BY MS. PRIYANKA JAIN - PANEL LAWYER FOR THE
                          RESPONDENT/STATE)
                          (BY MR. DIVY KRISHNA BILAIYA - ADVOCATE FOR THE OBJECTOR)

                                This application coming on for admission this day, the Court passed
                          the following:
                                                               ORDER

I.A. No.1125/2023, an application for assisting the prosecution is allowed.

This is the first application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.889/2022 registered at Police Station Ashoka Garden, District Bhopal (M.P.) for the offence punishable under Section 306/34 of IPC. Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 1/18/2023 5:41:04 PM

As per the prosecution, the deceased has taken a loan from the present applicant as well as co-accused Javed Khan. He was also having some family disputes with his wife Najiya Ansari to whom he has paid some settlement amount. The deceased has taken a loan from co-accused Javed Khan as well as the present applicant to pay the amount to the wife.

It is stated that the applicant was asking back the amount as the deceased was in no position and was mentally harassed by the present applicant and by the co-accused persons.

Leaned counsel for the applicant submits that the deceased committed suicide on 06.12.2022. At that time, the marg was also recorded. However, no

such allegation was made against the present applicant or any other person. It is only on 26.10.2022, the mother lodged a written complaint impleading the present applicant alongwith the other co-accused persons. He also relied upon the judgment of the Apex Court in the case of Sanju @ Sanjay Sengar Vs. State of M.P. reported in AIR 2002 SC 1998, wherein it is stated that no offence under Section 306 of IPC is made out as the ingredients of Section 107 of IPC are missing.

Learned counsel for the objector as well as learned counsel for the State has opposed the bail application. It is submitted that the applicant has given the loan of Rs.80,000/- and he was asking for repayment and in lieu of that he has taken a cheque as security in the name of the brother of the deceased. Due to the mental harassment caused by the present applicant, the deceased could not sustain the mental pressure and committed suicide.

Considering case diary statements as well as the submissions made by learned counsel for the parties, it is an admitted fact that the deceased has taken

Signature Not Verified a loan from the present applicant and the applicant was asking the money back, Signed by: SHARAN JEET KAUR JASSAL Signing time: 1/18/2023 5:41:04 PM

however, it does not constitute an offence under Section 306 of IPC as the ingredients of Section 107 of IPC are not made out, this application is allowed.

It is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of the arresting officer.

It is further directed that the applicant shall also comply with the provisions of Section 438(2) of Cr.P.C., and would not influence the witnesses and cooperate in the investigation and also remain present on each and every date before the trial Court as and when required. In case if he does not cooperate in the investigation or threaten the witnesses or misses out a single appearance, this bail order will automatically stand cancelled and the Police will be at liberty to arrest him.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE sjk

Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 1/18/2023 5:41:04 PM