Madhya Pradesh High Court
MCRC/53468/2020 of ANIL TOTLA Vs THE STATE OF MADHYA PRADESH on 31 December 2020
COURT OF MADHYA PRADESH M.Cr.C.
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THE HIGH COURT OF MADHYA PRADESHM.Cr.C. No. 53468 of 2020(Anil Totla Vs. State of MP)
Indore, Dated: 31/12/2020
Shri Vinay Saraf learned senior counsel with Shri A.V.Khare learned counsel for applicant.
Shri Akash Sharma 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 306/34 IPC registered with Police Station ChandanNagar District Indore , in Crime no. 921/2020.
Learned counsel for the applicant submits that Gopal hadcommitted suicide on 27/6/2020 and the applicant alongwith otherco-accused persons which are 14 in number have beenimplicated only on the basis of suicide note which has beensubsequently produced and after 6 months, the FIR has beenregistered on 17/12/2020. He further submits that there is nomaterial in respect of any abetment by the present applicant andthat the entire case relates to money transaction in respect oftaking the money at a lower interest rate and then landing it at ahigher interest rate and allegation is that the applicant wasdemanding back the money. He has relied upon the judgement ofthe Supreme court in the matter of M. Arjunan Vs. Staterepresented by its Inspector of Police reported in (2019) 3SCC 315 in support of his submission that such a moneytransaction would not make out an offence under section 306 of
IPC. He also submits that applicant is in custody since17/12/2020 and he is no longer required for the purpose ofinvestigation.
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 14:50:41 -08'00'