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2021 Supreme(MP) 66

SUJOY PAUL
Sunil Laddha – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mitesh Jain, Learned Counsel
For the Respondents: Ankit Premchandani, Learned Panel Lawyer

JUDGMENT :

Sujoy Paul, J.

1. With the consent, finally heard.

2. This is the second application filed by the applicants/accused under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail. The applicants are apprehending their arrest in connection with Crime No. 24/2020 registered at Police Station - GRP Line, District - Indore for the offences registered under Section 306 of the Indian Penal Code. The previous application, M.Cr.C. No. 45468/2020 was dismissed on 19.11.2020 because it was arising out of an order of trial Court declining anticipatory bail at a time when even crime was not registered.

3. Learned counsel for the applicant submits that for all practical purposes, this is first anticipatory bail application before this Court. The Court below erred in declining anticipatory bail by order dated 27.02.2021.

4. Learned counsel for the applicants submits that as per prosecution story, deceased - Kailash committed suicide by leaving a suicide note wherein name of present applicants is mentioned. Reason assigned for suicide is non-payment of painting work by present applicants. By placing reliance on work agreement dated 01.08.2020 (Annexure-A/4), it is

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