Samiullah @ Mulla S/O Salam Quresh vs State Of M.P

Prakash Shrivastava, J

Heard through video conferencing on the question of grant of bail. This is an application filed by the applicant under Section 438 Cr.P.C. for grant of

anticipatory bail.

Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced for perusal and it is

accordingly perused.

The applicant is apprehending his arrest for an offence punishable under Section 306 of the IPC registered with Police Station Jaora City, District

Ratlam in Crime No.257/2020.

The allegation against the present applicant is that the applicant had give a sum of Rs.3,60,000/- to deceased Mubarak and the applicant was

demanding back the said amount and was recovering Rs.40,000/-per week from the deceased and had also threatened the deceased in this regard,

therefore, Mubarak had committed suicide.

Learned counsel for the applicant submits that there is no record that any sum was given by the applicant to the deceased and even if that is so it was

at the most be the business transaction. He further submits that if any threat was extended by the applicant to the deceased or any such incident

which is alleged to have taken place 3 days before the death of Mubarak, then the same would have reported to the police. He further submits that

Shahnawaz has stated against the applicant and implicated him because the applicant has purchased the shop in which Shahnawaz is running his

business and applicant had asked him to vacate it. He further submits that there is no material in respect of abetment which is defined under Section

107 and therefore, offence under Section 306 is not made out and if the applicant is arrested at this stage, he will suffer serious prejudice.

Learned counsel for the State has opposed the bail application and has referred to the statement of Suleman recorded under Section 164 of the

Cr.P.C. and Shahnawaz recorded under Section 161 of the Cr.P.C.

Learned counsel for the objector has also opposed the bail application and has submitted that Suleman had taken Mubarak to the hospital and the facts

disclosed by Mubarak to Suleman amounts to the dying declaration.

Learned counsel for the parties do not dispute that there is no suicide note by Mubarak and there is also no prior report or any material relating to

allegation.

After hearing the learned counsel for the parties, on consideration of the facts and circumstances of the present case as also taking note of the

submission of counsel for the applicant, I find it to be a fit case for grant of anticipatory bail to the applicant.

Accordingly the bail application is allowed and it is directed that in the event of the applicant's arrest, in connection with Crime No.257/2020, the

applicant be released on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with one surety of the like amount to the satisfaction of

Station House Officer of the Police Station concerned. The applicant is also directed to appear before the Investigating Officer within a period of 2

weeks from today. He would abide by the conditions mentioned in Section 438(2) Cr.P.C.

Certified copy as per rules.