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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Anil Verma, J.
Sachin Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 12491 of 2023
Decided On : 21-03-2023
Bail Application - Section 306 of IPC - The court granted bail to the accused based on the lack of evidence connecting him to the offense and the change in circumstances, as key witnesses turned hostile and did not implicate the accused. The court also considered the accused's health condition and the possibility of delay in the trial.
Fact of the Case:
The applicant was in jail in connection with an offense under Section 306 of IPC. The deceased, with whom the applicant was in a relationship, committed suicide at the applicant's residence. The applicant claimed innocence and filed a bail application citing lack of evidence and his deteriorating health condition.
Finding of the Court:
The court found that key witnesses turned hostile and did not implicate the accused. Considering the change in circumstances and the lack of evidence connecting the accused to the offense, the court granted bail to the accused.
Issues: The issues revolved around the accused's alleged involvement in the suicide of the deceased, the lack of evidence connecting the accused to the offense, and the accused's deteriorating health condition while in custody.
Ratio Decidendi: The court's decision was influenced by the lack of evidence connecting the accused to the offense, the change in circumstances with key witnesses turning hostile, and the accused's deteriorating health condition in custody.
Final Decision: The court granted bail to the accused on the grounds of lack of evidence, change in circumstances with key witnesses turning hostile, and the accused's deteriorating health condition in custody.
JUDGMENT
Anil Verma, J. - Applicant has filed this 4th bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 11.6.2022 in connection with Crime No.475/2022 registered at P.S. - Aerodrome, Indore (M.P.) for commission of offence punishable under Section 306 of IPC.
2. As per the prosecution story, accused/applicant himself complained that deceased/victim and the applicant were in relationship from last one year and were going to perform marriage together. On 9.6.2022 deceased called the 1 applicant at around 3.00 p.m. and told him that she is coming to his residence to meet him at around 8.00 p.m., on which the applicant said her yes and she reached at the resident of applicant at 8.00 p.m. Then on some issue deceased and applicant started quarreling and the applicant left out for some work. Thereafter at around 11.00 p.m. deceased called the applicant and started talking silly, on which the applicant reached at his residence very fastly, where he saw that door was locked from inside. Thereafter the applicant asked for a saw (Aari) from his neighbour and opened the door and saw that the deceased hanged herself on window by her Dupata. Thereafter the applicant took her down and took her to nearest hospital (Geetanjali Hospital), where it was confirmed that she was dead. Then the applicant informed the police about the whole incident. Thereafter Merg was registered at police station Aerodrome, Indore and then an FIR has been lodged against the applicant under Section 306 of IPC
3. Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Although applicant's first bail application was dismissed on merit and second and third bail application, which were filed on medical ground, were also dismissed, but after that, prosecution examined seven witnesses including father's sister and brother-in-law (jija) of the deceased and all of them turned hostile. The deceased did not state anything against present applicant in her dying declaration note Ex.-A/2. The applicant is suffering jail incarceration since 11/06/2022. He is seriously ill and suffering from blockage in brain and also found blood clotting in brain. His proper treatment is necessary, which is not possible in custody. The applicant never abetted the deceased to commit suicide He is not responsible for suicidal step of the deceased Applicant is in custody since 11/06/2022 He is permanent resident of District- Indore. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.
4. Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection stating that the applicant's first bail application was dismissed on merit considering all the facts and circumstances of the case, therefore, he does not deserve for bail
5. Perused the impugned order of the trial Court as well as the case dairy.
6. Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that father of the deceased Laxmikant Mishra (PW-3), Jija of the deceased Vimlesh Dubey (PW-5) and sister Sapna Mishra (PW-4 tuned hostile and they did not state anything against the applicant in respect of the aforementioned offence; in their cross-examination, they categorically stated that present applicant neither physically and mentally tortured the deceased, not denied for marriage; investigating officer / sub-inspector Ajay Kumar Marco (PW-5) also admits inpara 22 of his cross-examination, in Ex.-A/2, nothing has been found against present applicant that he is responsible for suicide of the dece
The main legal point established in the judgment is the consideration of lack of evidence, change in circumstances with key witnesses turning hostile, and the accused's deteriorating health condition....
The court considered the nature and gravity of the allegation, the period of custody, the progress of the investigation, and the applicant's personal circumstances in deciding to grant bail.
The main legal point established in the judgment is that bail may be granted during trial when there is a lack of material indicating the commission of the alleged offence and when specific allegatio....
The absence of abetment alleged against the applicant and the prolonged trial period were key factors influencing the court's decision to grant temporary bail.
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
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