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Madhya Pradesh High Court

Anju Raidas And Others vs The State Of Madhya Pradesh on 18 November, 2020

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                    1                           MCRC-42199-2020
         The High Court Of Madhya Pradesh
                   MCRC-42199-2020
         (ANJU RAIDAS AND OTHERS AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 18-11-2020
        Heard through Video Conferencing.

        Shri Manish Datt, Senior Advocate with Shri Mayank Sharma,
Advocate for the applicants.
        Shri Jubin Prasad, Panel Lawyer for the respondent/State.

Shri Prahlad Choudhary, Advocate for the objector.

Heard.

This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicants for grant of bail in connection with Crime No.939/2019 registered at Police Station Ghamapur, District Jabalpur for the offence punishable under Sections 306 and 34 of the Indian Penal Code.

Learned senior counsel for the applicants submits that the applicants are in jail since 10.10.2020. He further submits that the deceased committed suicide on 03.04.2020 by hanging himself in his house. He also submits that in view of the allegations made in the suicide note, the present applicants have been arrested under the alleged offence. He further submits that applicant No.1 is the wife of the deceased, applicant No.2 is the sister-in-law (Sali) and applicant No.3 is the brother-in-law (Sala) of the deceased. He also submits that there was a quarrel between the husband and wife and the deceased/husband used to harass his wife, therefore, a report was lodged at Police Station Ghamapur and vide Crime No.56/2018, offence under Sections 294, 323, 506 and 34 of the Indian Penal Code was also registered against the husband/deceased. He also submits that in the suicide note it is alleged by the deceased/husband that his wife and her family members used to mentally harass him and the wife was in the habit of making false report against him and his family members and they used to give threat for sending them to jail. It is also stated in the suicide note that because of the conduct of the wife and 2 MCRC-42199-2020 her family members, he had no option but to commit suicide. The counsel for the applicants submits that the deceased/husband and wife both were residing separately due to bitter relationship between them. He further submits that even otherwise if the allegation made against the present applicants in the suicide note is seen, nowhere it is mentioned that the applicants had any time abetted the deceased for committing suicide and if under the harassment, he committed suicide then offence as alleged against the applicants, is not made out. He relied upon a decision reported in AIR 2002 SC 1998 parties being Sanju alias Sanjay Singh Sengar v. State of Madhya Pradesh.

Per contra, Shri Jubin Prasad appearing for the respondent/State has opposed the bail application and also read out the statement of the father of the deceased, in which, he has disclosed the facts regarding the conduct of the present applicants and alleged that they used to harass the deceased, resultantly, he committed suicide.

Shri Choudhary appearing for the objector has also opposed the bail application and relying upon the suicide note submits that the deceased/husband had moved an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and the same was allowed by the family Court and on his initiation reconciliation got done. He also submits that a complaint was made to Police Station Omti about the conduct of applicant No.3 that he has given threat to the complainant that after release from jail, he would kill him. He has also pointed out that the deceased/husband had also made a complaint to the police on 22.01.2018 stating therein that the present applicants have threatened him that they would implicate him and his family members in a false case. He further submits that in view of the conduct of the present applicants as they used to harass the deceased, he had no option but to commit suicide and the ingredients of Section 107 of IPC are fulfilled. He further submits that as per Explanation-II of Section 107, the act of the present applicants has compelled the deceased to commit suicide and, therefore, the present applicants are not entitled to be 3 MCRC-42199-2020 released on bail.

After hearing the rival contentions of the learned counsel for the parties and also perusing the case dairy, I am of the opinion that the present applicants can be enlarged on bail, therefore, without commenting anything on the merits of the case, this bail application is allowed.

I t is directed that the applicants be released on bail upon their furnishing 'each' a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court.

It is further directed that the applicants shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

The jail authority is also directed to ensure that before their release, the applicants are examined by the jail doctor to ascertain that they are not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicants shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicants are not afflicted, then they shall be released.

Let a copy of this order be sent to the concerned trial Court through email.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE ac/-