Madhya Pradesh High Court
Chhotelal Sharma (Basediya) vs The State Of Madhya Pradesh on 29 April, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
HIGH COURT OF MADHYA PRADESH
MCRC No. 21249 of 2022
(CHHOTELAL SHARMA (BASEDIYA) Vs THE STATE OF MADHYA PRADESH)
Dated : 29.04.2022
Shri Manish Nayak, learned counsel for the applicant.
Shri Anil Shukla, learned Public Prosecutor for the
respondent/State.
This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
Applicant has been arrested on 16.04.2022 by Police Station, Tharet, District Datia (MP), in connection with Crime No.60/2022 for the offence punishable under Sections 306,34 of IPC.
In brief, prosecution story is that on 6.8.2021 from District Hospital, Datia Medical Officer Dr. A.K. Gaurav informed SHO Datia that one Om Prakash Upadhyay, aged 64 years, R/o village Iguai in unconscious stage was admitted in Hospital. During treatment he died. On this information merg was recorded at Police Station Datia. Dead Body Panchanma was prepared and dead body was sent for postmortem. As per postmortem the cause of death will be given after chemical analysis of preserved viscera. Postmortem witnesses opined that he died due to consumption of sulphas. On the basis of Merg intimation, merg was registered as 008 at Police Station Tharet, District Datia. During Mer enquiry on 8.8.2021 from the son of deceased Om Prakash one suicide note was seized. In the suicide note the deceased had written that he mortgaged his land for money. 2 Afterwards he could not get possession of land. Accused Naval Lodhi did not return the possession of the land, despite he has deposited Rs.50,000/- He is disturbed from all the angles. Nothing has to say with anybody. I am departing making a hope with Master Puneet, Ch. Ashu and Ch. Ansh that one day you must ignite this extinguished lamp. I salute those who condemn. Those who asked for their hands also do not have hands. In fact, nobody supports in the adversity.
On the basis of this suicide note after about eight months, Police Station Tharet registered offence under Section 306, 34 of IPC bearing Crime No.60/2022 against present applicant and accused Rajendra Singh Gurjar and Naval Rajput. Applicant-accused was arrested on 1646.2022 along with other co-accused. After investigation, charge sheet has been filed.
Except this suicide note no evidence is against the present applicant-accused. In the suicide note also there is no specific allegation regarding abatement by present applicant-accused to the deceased. This is the basic requirement for the offence under section 306 IPC defined under section 107 of IPC.
It is submitted by learned counsel for the applicant that the applicant is innocent. He has falsely been implicated in the offence. Now investigation is complete and charge sheet has been filed and the conclusion of trial will take time. The applicant is ready to abide by all the conditions as may be imposed by the Court. On such premises, 3 learned counsel for the applicant prayed for bail.
Learned counsel for the State vehemently opposed the application and has prayed for its rejection.
Looking to the aforesaid facts and circumstances of the case , without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date.
Bail ought to have been granted by the Court below. This Court is having day today experience that the Court below without going into the merits of the case blindly rejects the bail applications of the accused, which is undesirable, due to which they are forced to come to the High Court. The Sessions Court and High Courts are having concurrent powers under Section 439 Cr.P.C. The State Government has established Courts all over the State so that needy people can get quick and cheaper justice. Due to this practice of trial Judges purpose of establishing Courts are frustrated. Shri Vishwanath Sharma, learned First Additional Sessions Judge, Seonda, District Datia is advised to pass appropriate orders after going through the 4 provision of the offence and evidence collected during investigation.
Let a copy of this bail order be put up before the Portfolio Judge of District Datia for his information.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(Deepak Kumar Agarwal)
vv Judge
VALSALA
VASUDEVAN
2022.04.29
17:09:44
+05'30'