Madhya Pradesh High Court
Premlal Jaiswal vs The State Of Madhya Pradesh on 23 January, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-2451-2018
(PREMLAL JAISWAL Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 23-01-2018
Shri Rakesh Dwivedi, Advocate for the applicant.
Shri Devendra Shukla, Panel Lawyer for the
sh
respondent/State.
e Heard with the aid of case diary.
ad Pr This is first application under Section 438 of Cr.P.C. as the applicant apprehends his arrest in connection with Crime a hy No.195/2016 registered at Police Station Kotwali, District Sidhi (MP) for the offence punishable under Section 306 of ad the IPC.
M of As per prosecution story, on 24/6/2015 deceased Ramadhar committed suicide by consuming poison. It is rt alleged that the applicant and co-accused used to harras him, ou so he committed suicide. C h Learned counsel for the applicant submits that the ig applicant is innocent and has falsely been implicated in this H case. The applicant committed suicide on 24/6/2015 while police registered case against the present applicant on 16/3/2016. From the evidence collected by the prosecution, it does not appear that the applicant abetted deceased to commit suicide. Applicant is ready to cooperate in the investigation and trial. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant prays for anticipatory bail.
Learned counsel for the respondent/State opposes the prayer.
On due consideration and contention raised by the learned counsel for the applicant and overall facts and circumstances of the case, the Court is of the considered view that it is a fit case to allow the applicant's anticipatory bail. Therefore, without expressing any view on the merits, this application is sh allowed. It is directed that in the event of arrest of applicant e by the Police in the aforesaid crime, the applicant shall be ad released on bail on his furnishing a personal bond in the sum Pr of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting officer a hy (Investigating Officer) for his regular appearance before the ad Police during the investigation or before the Court during M trial.
of This order will remain operative subject to compliance of the following conditions by the applicant :-
rt ou
1. The applicant will comply with all the terms and C conditions of the bond executed by him;
h ig
2. The applicant will cooperate in the investigation/trial, H as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the concerned Station House Officer for compliance.
esh C.C. as per rules.
ad Pr (RAJEEV KUMAR DUBEY) a JUDGE hy ad M m/-
of Digitally signed by MONIKA CHOURASIA Date: 2018.01.23 02:34:46 -08'00' rt ou C h ig H