Madhya Pradesh High Court
MCRC/4513/2024 of PRAHLAD SAHU Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4513 of 2024
BETWEEN:-
PRAHLAD SAHU S/O JAGANNATH SAHU, AGED ABOUT30 YEARS, OCCUPATION: SHOP KEKEPAR R/O WARD NO7 SAHPURA P.S. AND TEHSIL SHAHPURA DISTRICTDINDORI (MADHYA PRADESH)
(BY SHRI SANJAY SHARMA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION MAHARAJPUR DISTRICT MANDLA (MADHYAPRADESH)
(BY SHRI S.P. CHADAR - GOVERNMENT ADVOCATE)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This is first application filed by the applicant under Section 438 of theCode of Criminal Procedure for grant of anticipatory bail relating to FIRNo.616/2023 registered at Police Station-Maharajpur, District-Mandla (M.P.) forthe offence under Section 306/34 of the IPC.
2. Learned counsel appearing for the applicant submitted that applicant isinnocent and has falsely been implicated in the case. Co-accused namely HarishSahu and Sunil Sahu have been released on anticipatory bail. Case of presentapplicant is similar to that of co-accused persons. Applicant has loaned some amount to the deceased and he was demanding it back. Deceased had takenloan from many persons. As he was caught in vicious circle of loan and penury,he committed suicide. Applicant did not harass the deceased and no positiveact on part of applicant which may have led to commit suicide. In thesecircumstances, applicant may be released on anticipatory bail.
3. Learned Government Advocate appearing for the State opposed theapplication for grant of anticipatory bail. He relied on suicide note of thedeceased.
4. Heard the counsel for the parties.
5. In suicide note, it has been mentioned that more than three persons has given loan to the deceased. As per counsel for applicant, deceased hastaken loan from Bank and many others persons due to which he was depressed.Applicant has demanded his own money back.
6. Considering aforesaid circumstances of the case, anticipatory bailapplication is allowedon condition that he will cooperate in trial and willappear before Court when charge sheet is filed and regularly attend the trialas and when required.
7. It is directed that in the event of arrest of applicant by the police in theaforesaid crime, applicant shall be released on anticipatory bail on his furnishinga personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting officer(Investigating Officer) for his regular appearance before the Police during theinvestigation or before the Court during trial.
8. The applicant is directed to join the investigation immediately and co-operate with the investigating agency. He will further abide by the conditionenumerated in sub-section (2) of Section 438 of the Cr.P.C.
$A
Certified copy as per rules.
(VISHAL DHAGAT)JUDGE