Madhya Pradesh High Court
Rajesh Kumar Saxena vs The State Of Madhya Pradesh on 7 August, 2018
1
THE HIGH COURT OF MADHYA PRADESH
Criminal Appeal No. 5639/2018
(Sunil Kumar Saxena Vs. State of M.P. & another)
&
Criminal Appeal No. 5467/2018
(Rajesh Kumar Saxena Vs. State of M.P. & another)
Jabalpur,
Dated:07.08.2018
Shri Manish Datt, learned Sr. Counsel along with Ms.
Keeshwar Khan, learned counsel for the appellants.
Shri D.K. Paroha, learned Government Advocate for the
respondent/State.
As these criminal appeals under the SC/ST (Prevention of Atrocities) Act, 1989 arise out of the same impugned order and relate to the same crime number, they are being disposed of by a common order.
These Criminal Appeals have been filed on behalf of the appellants under Section 14-A of the SC/ST (Prevention of Atrocities) Act, 1989 for grant of anticipatory bail, being aggrieved by the order dated 13.07.2018, passed by Special Judge, S.C./ S.T. (Prevention of Atrocities) Act, Bhopal, District Bhopal, by which bail applications under Section 438 of Cr.P.C. filed on behalf of appellants have been dismissed.
The appellants apprehend their arrest in connection with Crime No.122/2018 registered at Police Station Awadhpuri, District Bhopal, for the offences punishable under Sections 306, 506/34 of the IPC and Section 3(2)(v)(a) of the S.C./ S.T. (Prevention of Atrocities) Act, 1989.
2The allegation against the appellants are that they are involved in an offence, in which Gorelal has committed suicide on 28.12.2015. Thereafter, suicide note was also recovered at the instance of the family members of the deceased in the year 2018 and the statements of the family members were also recorded in which they have named the present appellants as the abettors of suicide.
Learned counsel for the appellants have submitted that the appellants have been falsely implicated in the case after a period of two years and even otherwise, no case for abetment of sucide can be said to be made out against the appellants as the allegation is that they were demanding their money from the deceased and in this respect, no complaint was ever made by the deceased at any police station or to anyone else that the appellants are harassing him.
Learned cousnel for the State has opposed the prayer. After hearing the rival contentions and perusing the case-diary, this Court finds that soon after the death of the deceased on 28.12.2015, no statement of his family members were recorded and it is only after the recovery of the suicide note that the statements have been recorded in which now they are alleging abetment against the present appellants. Under these facts and circumstances, prima facie it appears that no case under the SC/ ST (Prevention of Atrocities) Act is made out against the applicants, hence the aforesaid appeals stand allowed. It is directed that in the event of arrest in connection with Crime No. 122/2018 registered at Police Station Awadhpuri, District Bhopal, appellants Sunil Kumar Saxena and Rajesh Kumar Saxena shall be released on bail on their furnishing bail bond in the sum of Rs 50,000/- (Fifty Thousand Only) each with one solvent surety to the like amount to the satisfaction of Station House Officer of the Police Station concerned.
3The appellants shall further abide by the following conditions:-
"(i) that the appellants shall make themselves available for interrogation by a police officer as and when required;
(ii) that the appellants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade them from disclosing such facts to the Court or to any police officer;
(iii) that the appellants shall not leave India without the previous permission of the Court; and
(iv) that the appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected."
Accordingly, the present appeals filed under Section 14-A of the SC/ST (Prevention of Atrocities) Act, 1989 are hereby disposed of.
Certified copies as per rules.
(Subodh Abhyankar) Judge Vikram Digitally signed by VIKRAM SINGH Date: 2018.08.09 13:04:27 +05'30'