Madhya Pradesh High Court
Imrat Ahirwar vs The State Of Madhya Pradesh on 13 June, 2016
M.Cr.C. No.9490/2016 13.6.2016 Mr. Sandeep Mishra, learned counsel for the applicant. Mr. D.K. Parouha, learned P.L. for the State. This is an application under Section 438 CrPC for grant of anticipatory bail in connection with Crime No.98/16 registered at the Police Station, Patharia, District Damoh for the offence punishable under section 306/34 of IPC.
The applicant herein is the brother-in-law of the deceased who was married to the sister of the applicant herein. According to the case of the prosecution as told by the learned P.L. for the State the deceased Govind Ahirwar is alleged to have been humiliated and beaten by the applicant herein, on 17-02-16 during the tonsure ceremony of a male baby born to the deceased and the sister of the applicant.
Counsel for the State says that the deceased who felt insulted by beating and abuses given by the applicant and the co-accused, committed suicide on 19-02-16. Counsel for the State has fairly admitted that there is no suicidal note and neither the postmortem report reveals any external injury on the body of the deceased.
Counsel for the applicant states that absence of any external injury on the body of the deceased goes to falsify the claim that the applicant herein had beaten the deceased two days earlier. Counsel for the applicant also states that the co- accused has been granted bail under Section 439 CrPC.
The bail granted to the co-accused under Section 439 CrPC would be of no any assistance to the applicant herein. However, looking into the allegations levelled against the applicant and taking into consideration the absence of any corresponding external injury on the body of the deceased, prima facie, it does not appear that the actions of applicant fulfill the ingredients to Section 107 of IPC of having instigated or assisted the deceased in committing suicide. Observations made hereinabove, are only restricted for the purpose of deciding the application under Section 438 of CrPC and the same shall not affect the investigation or the proceedings before the trial Court.
Be that as it may, looking to the facts and circumstances of the case and without going into the merits of the case, I am inclined to allow the instant application filed by the applicant under Section 438 CrPC and direct the Arresting Officer to enlarge the applicant on bail upon his furnishing a personal bond to the sum of Rs.50,000/- (Rs. Fifty thousand) with one solvent surety to like amount to the satisfaction of the arresting officer. The applicant shall further abide by the conditions enumerated under Section 438(2) of CrPC.
C.c. as per rules.
(Atul Sreedharan) Judge ac.