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2020 DIGILAW 103 (MP)

Ravi Maheshwari v. State Of Madhya Pradesh Through Police Station Lal Ghati, District Shajapur and Victim/prosecutrix)

2020-01-17

S.K.AWASTHI

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JUDGMENT 1. They are heard. Perused the case diary. 2. The appellant has preferred this appeal (first) under Section 14 (A) (2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (as amended by Act of 2015) read with Section 438 of the Code of Criminal Procedure, 1973, feeling aggrieved by order dated 16.12.2019 passed by Special Judge, Shajapur (MP) in Bail Application No.517/2019, whereby the prayer for grant of regular anticipatory bail has been declined. 3. Appellant has been apprehending his arrest in connection with crime No.198/2019 registered at Police Station Lal Ghati, Shajapur District Shajapur (MP) in relation to offence punishable under Sections 201 and 306 of the Indian Penal Code, 1860 and also under Section 3 (2) (v) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989. 4. As per prosecution case, reporter (deceased) Pankaj Hirve s/o Mohanlal (who was engaged in commodity share market) has committed suicide on 01.10.2019 by consuming sulphas due to physical and mental torture. After investigation of the matter by the police, the appellant has been implicated in the present crime. 5. Learned counsel for the appellant has submitted that the appellant is innocent; and he has falsely been implicated in the present crime. The allegation against the appellant is that the deceased had advanced some money to the appellant, however, he was not returning the said amount. But there is nothing on record to show that at any point of time, the appellant denied his liability or totally refused for payment of the loan amount. It is also not come in the evidence that the appellant ever ill-treated or harassed the deceased with intent to prevent himself from making payment of loan amount. According to statement of relatives of the deceased, it appears that Avinash @ Sonu Nayak s/o Manohar Singh Nayak, C.P. Chadwa s/o Radheshyam Chawda, Rajesh Mewada s/o late Bane Singh and Rajesh Tated (were the persons) who were demanding money from the deceased and they were harassing the deceased for payment of loan amount; and due to which the deceased was in mental pressure, and because of this, he committed suicide. The material available on record do not show that at any point of time, the appellant instigated or provoked the deceased to commit suicide. The material available on record do not show that at any point of time, the appellant instigated or provoked the deceased to commit suicide. In these circumstances, no offence under Section 306 of the Indian Penal Code, 1860 or under Section 3(2)(v) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 is made out against the appellant. Therefore, bar under Section 18 of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 does not come in the way of grant of anticipatory bail to the appellant. 6. The appellant is ready to cooperative with the investigation and there is no possibility of his absconsion or tampering with the evidence, if enlarged on anticipatory bail. Under these circumstance, learned counsel for the appellant prays for grant of anticipatory bail to him/her. 7. Learned Public Prosecutor for the respondent/State of Madhya Pradesh submits that no sufficient ground is made out for releasing the appellant on anticipatory bail; hence the appeal filed by the appellant be dismissed. 8. Considering the facts and circumstance of the case and the arguments advanced by learned counsel for the parties, but without expressing any opinion on the merits of the case, I am of the view that the criminal appeal filed by the appellant may be accepted. Consequently, setting aside the impugned order, the appeal is hereby allowed. It is directed that in the event of arrest, applicant Ravi Maheshwari s/o Shiv Kumar Maheshwari shall be released on bail, upon executing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). 9. The appellant shall make himself/herself available for interrogation by a Police Officer, as and when required. He/she shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973. 10. Accordingly, Criminal Appeal No.11268/2019 stands disposed of. 11. Since the period of Winter Vacation has already elapsed, IA No.10841/2019 , an application for urgently listing the matter during winter vacation, stands disposed of. C. c. as per rules.