IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJ MOHAN SINGH th ON THE 10 OF MAY, 2024 MISC. CRIMINAL CASE No. 7285 of 2024 BETWEEN:-

SACHIN KHATWANI @ SONU S/O SHRI HIRACHAND KHATWANI, AGED ABOUT 33 YEARS, OCCUPATION: BUSINESS RESIDENT OF HOUSE NO A- 161 INDRAVIHAR COLONY AIRPORT ROAD BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

.....APPLICANT (BY SHRI SIDDHARTH DATT - ADVOCATE )

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION KHAJURI SADAK DISTRICT BHOPAL (MADHYA PRADESH)

.....RESPONDENT (BY SHRI AKSHILENDRA SINGH - GOVERNMENT ADVOCATE FOR THE RESPONDENT/STATE AND SHRI SHUBHAM MANCHANI - ADVOCATE FOR THE OBJECTOR )

This application coming on for admission this day, the court passed the following:

ORDER

The applicant seeks anticipatory bail under Section 438 of Cr.P.C. in Crime No.18/2024, under Section 306/34 of IPC registered at Police Station Khajuri Sadak Bhopal, District Bhopal (M.P.)

On 26.04.2024 following order was passed:-

"The petitioner seeks anticipatory bail under Section 438 Cr.P.C., in case bearing FIR/Crime No.18/2024, registered at Police Station Khajuri Sadak Bhopal, District Bhopal (M.P.), for the offence punishable under Signature Not Verified Section 306/34 of I.P.C.

Learned counsel for the petitioner with reference to the suicide note submits that even if suicide note is considered on its face value, no offence much less an offence under section 306 of IPC is attracted qua the complicity of the petitioner. Ingredients of section 306 of IPC are not attracted as there is no concerted effort on behalf of the petitioner to abet the commission of offence in any manner. The petitioner used to demand his own money and that lead to suicide of the deceased. The demand of the money by the petitioner does not satisfy the ingredient of offence under section 306 of IPC. Learned counsel for the petitioner further submits that the wife of the petitioner is carrying 9 months' pregnancy and there is every likelihood that she may deliver a baby within no time. At this juncture, the harassment by the police may lead to some grave injustice to the petitioner.

Issue notice.

Learned State counsel accepts notice of this petition.

Specifically till the next date of hearing, the arrest of the petitioner shall remain stayed. List this case on 30.04.2023."

Learned counsel for the applicant with reference to suicide note submits that the applicant has not taken any loan from the deceased, rather he advanced loan to the deceased and on being asked that was not returned. Ingredients of offence under Section 306 of IPC are missing altogether. Even otherwise, there is no concerted efforts on behalf of the applicant to abet the commission of crime till last resort. The demand of money advanced by the applicant himself cannot be taken to be an instance of instigation so as to attract culpability under Section 306 of IPC.

In view of the above, the applicant is directed to appear before the Investigating Officer on 21.05.2024 in the event of his arrest, the applicant shall be released on bail to the satisfaction of the Investigating Officer. The applicant Signature Not Verified shall keep on joining the investigation as and when required by the Investigating Officer to do so. The applicant shall abide by the conditions as envisaged under Section 438(2) of Cr.P.C.

Certified copy as per rules.

(RAJ MOHAN SINGH)

JUDGE Vin**

Signature Not Verified