Smt. Suchita Singh W/O Late Shri ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 3647 MP

                                                            1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                ON THE 1 st OF MARCH, 2023
                                          MISC. CRIMINAL CASE No. 8013 of 2023

                         BETWEEN:-
                         SMT. SUCHITA SINGH, W/O LATE SHRI RAGHAVENDRA
                         SINGH, D/O SHIVMANGAL SINGH, AGED ABOUT 37
                         YEARS, R/O VILLAGE BAGAUTA, POLICE STATION
                         CIVIL LINES, DISTRICT CHHATARPUR (MADHYA
                         PRADESH)

                                                                                         .....APPLICANT
                         (BY SHRI SIDDHARTH GULATEE - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION CIVIL LINES, DISTRICT CHHATARPUR
                         (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                         (BY SHRI AMIT KUMAR SHARMA - GOVERNMENT ADVOCATE)

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

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C for grant of bail.

The applicant, who is the widow of Late Shri Raghavendra Singh, is under custody since 18.01.2023 in connection with Crime No.23/23 registered at P.S. Civil Lines, District Chhatarpur (M.P.) for the offence punishable under Sections 306 and 34 of IPC.

As per the prosecution, the husband of the present applicant committed suicide on 09.11.2022. He has left behind a detailed 7 pages suicide note in Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 3/1/2023 5:46:01 PM

which he has mentioned that he is committed suicide because of pratadna given by the father-in-law and the wife. However, there is no description as to what kind of this pratadna was.

Learned counsel for the applicant submits that the applicant is under custody alongwith his 2 years minor son for the last more than a month. It is stated that even from the reading of the suicide note, it cannot be said that the applicant has abetted or instigated the deceased to such an extent that he committed suicide. The reliance has been placed on the judgment of the Hon'ble Apex Court in the case of Sanju @ Sanjay Sengar Vs. State of M.P. reported in AIR 2002 SC 1998.

Learned counsel for the State has read out the suicide note. He is also stated that apart from the word pratadna there is no other description as to what kind of torture was given by the father-in-law or the wife of the deceased. Simply writing a word that a person has committed suicide due to that torture but without describing it, the same cannot be taken as abetment or instigation as the ingredients of Section 107 of IPC are not made.

Considering the aforesaid, this application is allowed. It is directed that the applicant be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for her appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

Certified copy as per rules.

Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 3/1/2023 5:46:01 PM

(NANDITA DUBEY) JUDGE sjk

Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 3/1/2023 5:46:01 PM