Madhya Pradesh High Court

MCRC/53539/2020 of RAJESH SONI Vs THE STATE OF MADHYA PRADESH on 31 December 2020

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COURT OF MADHYA PRADESH M.Cr.C.

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THE HIGH COURT OF MADHYA PRADESH

M.Cr.C. No. 53539 of 2020(Rajesh Soni Vs. State of MP)

Indore, Dated: 31/12/2020

Shri Ajay Bagadiya learned counsel for applicant.

Ms. Harshalata Soni learned counsel for State.

Heard through video conferencing.

This is an application made by the applicant (accused)under Section 439 Cr.P.C. for grant of bail during trial.

Notice of this application was served on the State counsel.Case diary as per the direction of this Court has been producedand it has been perused.

The applicant is facing trial for offence punishable underSections 306 read with Section 34 IPC registered with PoliceStation Chandan Nagar, Indore, in Crime no. 921/2020.

Learned counsel for the applicant submits that one Gopalhad committed suicide on 27[th] June 2020 and that after 6 monthsthe FIR has been registered on the basis of some suicide notewhich has been subsequently produced. He submits that FIR hasbeen registered on 17/12/2020 and on the basis of suicide note14 persons have been implicated including the present applicant.He also submits that the matter relates to money transaction inwhich the deceased used to take money at a lower rate andadvanced it at a higher interest rate and in the suicide note alsothe only allegation is that deceased had advanced money to theapplicant and applicant did not intend to return the said money.He further submits that since there is no material in respect ofabetment or instigation by the present applicant therefore offenceis not made out. He also submits that for making out an offenceunder Section 306 IPC the mens-rea or direct or indirect actleading to commission of suicide is necessary which is missing in the matter. In support of his submission he has placed relianceupon judgement of the Supreme court in the matter of M. MohanVs. State represented by the Deputy Superintendent of Policereported in 2011 Cri.LJ. 1900. He also submits that applicant isin custody since 17/12/2020 and that investigation and trial islikely to take time.

Learned counsel for the State has opposed the applicationfor grant of bail.

On perusal of the case diary and considering thecircumstances of the case, I find prima facie force in thesubmissions made by the counsel for applicant. Hence I am ofthe considered view that the application for grant of bail deservesto be allowed and is accordingly allowed.

The applicant is directed to be released on bail on hisfurnishing a personal bond in the sum of Rs.35,000/- (RupeesThirty Five Thousand) with one surety in the like amount to thesatisfaction of the Trial Court for his appearance as and whendirected.

The applicant will attend each hearing of his trial before theTrial Court out of which this bail arises. Any default in attendancein Court would result in cancellation of the bail granted by thisCourt.

Certified copy as per rules.

BDJ

(Prakash Shrivastava) Judge

Digitally signed by Bhuneshwar Datt Date: 2020.12.31 14:51:34 -08'00'

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