Madhya Pradesh High Court
MCRC/2760/2024 of RAJKARAN SINGH 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. 2760 of 2024
BETWEEN:-
RAJKARAN SINGH S/O SHRI CHANDU SINGH, AGEDABOUT 65 YEARS, OCCUPATION: AGRICULTUREVILLAGE NAKBAAR CHWOKI PIPRAHI POLICESTATION AND TAHSIL HANUMANA DISTRICT REWA(MADHYA PRADESH)
(BY SHRI S. M. SHUKLA, ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION HANUMANA DISTRICT REWA (MADHYAPRADESH)
(BY SHRI AKSHAY NAMDEO, GOVT. ADVOCATE)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
This is first bail application filed under Section 439 of Cr.P.C. on behalfof applicant who is in jail since 9.8.2023 in connection with Crime No.345/2023,registered at Police Station Hanumana, District Rewa (M.P.) for the offencepunishable under Sections 323 and 306 reda with 34 of IPC.
2. Learned counsel appearing for the applicant submitted that there wasbrawl between applicant and deceased. Applicant alongwith his sister is said tohave abused him and has beaten the deceased and had also told him to go anddie. Because of this sole incident, deceased committed suicide. It is submitted that ingredients of offence under section 306 of IPC is not made out. There isno positive act or inducement on part of applicant. Only stray utterances ofword on one occasion will not make out an offence under section 306 of IPC.In these circumstances, applicant may be enlarged on bail.
3. Learned Govt. Advocate appearing for the State has opposed the bailapplication and submitted that applicant alongwith other co-accused person hasinduced him to go and die, therefore, he committed suicide. In thesecircumstances he may not be enlarged on bail.
4. Heard learned counsel for the parties.
5. Only on one occasion applicant has told deceased to go and commitsuicide. Stray incident will not make out an offence under section 306 of IPCwhen there is no other enmity or constant pestering and harassing of deceasedfor commission of suicide.
6. Considering the aforesaid, bail application filed by the applicant isallowed.
7. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousandonly) with one solvent surety in the like amount to the satisfaction of the trialcourt.
8. In addition to aforesaid condition, the applicant shall abide by theconditions enumerated in Section 437(3) of Cr.P.C.
Certified copy as per rules.