Madhya Pradesh High Court
MCRC/14608/2016 of BALLU @ RAJENDRA Vs THE STATE OF MADHYA PRADESH on 29 December 2016
suppliants. Shri B.P.S. Chauhan, counsel for
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MCRC.14608/2016
29/12/2016
None for the suppliants.
Shri B.P.S. Chauhan, counsel for the
respondent/State.
Shri Suresh Agarwal, counsel for the complainant.Heard.
Case diary of Crime No.458/2016 is perused.
The applicants have an apprehension of theirarrest relating to Crime No.458/2016 registered at PoliceStation Narwar, District – Shivpuri for the offencepunishable under Sections 306 and 34 of IPC.
Allegation against the present applicants are thatthe deceased had committed suicide because of beatinggiven by the present applicants.
Whether the act of applicants amount to abetmentof suicide or not is a matter which is to be decided byTrial Court after considering the evidence which mayultimately come on record.
The counsel for the state as well as thecomplainant submitted that only because of the beatinggiven by the applicants, the deceased had committedthe suicide.
After considering the evidence and circumstancesof the case, without expressing any opinion on themerits of the matter, I am of the view that this is a fitcase for grant anticipatory bail to the present applicants.Consequently, application under Section 438, Cr.P.C. ishereby allowed.
It is directed that in the event of arrest, presentapplicants shall be released on bail on their furnishing apersonal bond in the sum of Rs40,000/- (RupeesForty Thousand only) eachwith a solvent surety in AKS
MCRC.14608/2016
the like amount each to the satisfaction of the ArrestingAuthority (Investigating Officer).
The applicants shall make themselves available forinterrogation by a police officer as and when required.They shall further abide by the other conditionsenumerated in sub-Section (2) of Section 438 of Cr.P.C.
This order shall remain in force for a period of 60days and in the meanwhile, if the applicants so desire,may move an application for regular bail before thecompetent Court.
Certified copy as per rules.
(G.S.Ahluwalia)Vacation Judge