Madhya Pradesh High Court
Dalel Khan vs The State Of Madhya Pradesh on 31 January, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 31st OF JANUARY, 2022
MISC. CRIMINAL CASE No. 669 of 2022
Between:-
1. DALEL KHAN S/O SHRI YUSUF KHAN , AGED
ABOUT 52 YEARS, OCCUPATION:
AGRICULTURIST ALLL R/O VILLAGE
KHAMARIYA P S MAGRON DISTT. (MADHYA
PRADESH)
2. SULTAN KHAN@ASHIQ KHAN S/O SHRI
DALEL KHAN , AGED ABOUT 29 YEARS,
OCCUPATION: AGRICULTURIST VILLAGE
KHAMARIYA POLICE STATION-MAGRON
(MADHYA PRADESH)
3. PRADEEP CHOUBEY S/O SHRI RAMESHWAR
PRASAD CHOUBEY , AGED ABOUT 38 YEARS,
OCCUPATION: AGRICULTURIST VILLAGE-
KHAMARIYA POLICE STATION-MAGRON
DISTRICT DAMOH(M.P) (MADHYA PRADESH)
4. RAMJI CHOUBEY S/O SHRI SHALIKRAM
CHOUBEY , AGED ABOUT 52 YEARS,
OCCUPATION: AGRICULTURIST VILLAGE-
KHAMARIYA POLICE STATION-MAGRON
(MADHYA PRADESH)
5. SATTAR KHAN S/O SHRI YUSUF KHAN , AGED
ABOUT 58 YEARS, OCCUPATION:
AGRICULTURIST R/O VILLAGE- KHAMARIYA
POLICE STATION -MAGRON DISTRICT-
DAMOH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANISH DATT, LEARNED SENIOR COUNSEL)
AND
THE STATE OF MADHYA PRADESH THR.
POLICE STATION MAGRON DISTT. (MADHYA
PRADESH)
.....RESPONDENTS
(BY SMT. SWATI ASEEM GEORGE, PANEL LAWYER)
(Heard through Video Conferencing)
This first anticipatory bail application coming on for admission this
day, Hon'ble Shri Justice Vivek Agarwal passed the following:
ORDER
Signature Not This is first anticipatory bail application filed under Section 438 of the SAN Verified Digitally signed by KAFEEL AHMED ANSARI Date: 2022.02.02 11:58:55 IST 2 Code of Criminal Procedure on behalf of the applicants, who are apprehending their arrest in case crime No.226/2021 is registered at Police Station Magron, District Damoh (M.P.) for the offence punishable under Sections 306, 323, 294, 147 and 149 of IPC, 1860.
Brief facts of the case are that in the year 2010 deceased Tilak Singh had sold certain agricultural land in favour of Smt. Jinnat Bee W/o Dalil Khan and Smt. Binai Bee W/o Sattar Khan. Copy of the sale deed dated 23.06.2010 is made available on the record. Tilak Singh wanted to repurchase said land, but when the purchaser refused to return said land then earlier he had lodged a complaint through his wife under Section 354 of IPC. In this case, compromise was affected between the parties, but their relation could never become normal and allegation is that on 30.11.2021, present applicants had beaten Tilak Singh and on 01.12.2021, they abused him and provoked him to commit suicide and at about 11:30 a.m. on 01.12.2021, he committed suicide at the Medh of farm of Sattar Khan.
Learned Panel Lawyer for the State admits that there are no injury marks except of ligature mark due to hanging and further admits that the so called paper recovered from the pocket of the deceased is not readable except for two names; namely Sattar Khan and Choubey.
Shri Datt submits that in view of the fact that so called suicide note is not readable and straight mention of two names cannot be used and are not sufficient to implicate the present applicant and secondly the falsity of prosecution story is writ large in as much as if he would to be beaten by the present applicant on 30.11.2021, there would have been some injury marks on his body and his body was subjected to postmortem after commission of suicide on 01.12.2021. He submitted that with a view to add gravity to their claim to seek return of the land, a false case has been registered against the present applicants. None of the ingredients of Sections 306, 323, 294, 147 and 149 of IPC are made out.
It is submitted that they are willing to cooperate with the investigating Signature SAN Not Verified Digitally signed by KAFEEL AHMED ANSARI Date: 2022.02.02 11:58:55 IST 3 authority as and when summoned and shall not leave the local area.
Taking all these facts into consideration and also the fact that if the deceased committed suicide merely because of non-acceptance of his request to allow him to repurchase his land sold by him in the year 2010, it cannot be said that prima-facie ingredients of Section 107 of IPC are made out and without commenting on the merits, this application is allowed.
It is directed that in the event of arrest of the applicants, they shall be enlarged on anticipatory bail upon their furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each in the like amount to the satisfaction of the Arresting Officer for their appearance before the concerned Police Station within 15 days' from today and on all dates and for complying with the conditions enumerated in sub- section (2) of Section 438 of the Code of Criminal Procedure.
It is made clear that applicants shall cooperate with the Investigating Officer and shall not try to either influence the witnesses or any disappearance of the evidence.
Certified copy as per rules.
(VIVEK AGARWAL)
JUDGE
kafeel
Signature
SAN Not
Verified
Digitally signed by
KAFEEL AHMED
ANSARI
Date: 2022.02.02
11:58:55 IST