Tesuram Sahu And ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1697 of 2017

1. Tesuram Sahu S/o Kartik Ram Sahu, Aged About 54 Years, R/o Village Beltukari, Police Station Rajim, District Gariyaband Chhattisgarh

2. Pawan Sahu, S/o Tesuram Sahu, Aged About 28 Years, R/o Village Beltukari, Police Station Rajim, District Gariyaband Chhattisgarh ---- Applicants

Versus

1. State of Chhattisgarh Through its Police Station Kurud, Civil & Revenue District Dhamtari Chhattisgarh ---- Non-applicant For Applicants - Shri B.L.Sahu, Advocate.

For Non-applicant/State - Shri Vinod Tekam, Panel Lawyer. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 17-04-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicants would submit that both the applicants along with other co-accused are facing trial in Sessions Trial No. 5/17 under Section 306 read with Section 34 of the IPC pending before the Additional Sessions Judge (FTC) Dhamtari, District Dhamtari, C.G. in connection with Crime No.401/16 registered by Kurud police, Distt. Damatari, C.G. Both the applicants are in jail since 6 months. Co-accused Smt. Dashoda Bai, wife of applicant No.1 and mother of applicant No.2 was granted bail in MCRC No.445/17 dated 02-02-2017 by this Court. This is the first bail application. The applicants are not having any criminal antecedent. The applicants are charged for suicide of Indarman Sahu, son-in-law of applicant No.1 and brother-in-law of applicant No.2.

Marriage between deceased Indarman Sahu and Shivkumari was solemnized in the year 2008. Shivkumari is the second wife of the deceased. On account of torture and other connected pressure by the organization of the community of the applicant, the Indarman Sahu committed suicide by hanging himself.

-2were not named responsible for the suicide. The statement of son of the deceased born from his first wife goes to show that on account of dispute between the deceased and his second wife Shivkumari, the relatives and members of the society of Shivkumari, the deceased was tortured in the society and with this, the deceased committed suicide by hanging himself. As the applicants are in jail since more than 6 months, provisions of Section 107 of the IPC prima facie not attracted so as to enable the applicants for their conviction, hence the applicants may be granted bail as the other co-accused was granted bail by this Court. The applicants will not misuse the liberty if granted. Hence, the instant MCRC may be allowed. 3.

Per contra, learned counsel for the non-applicant/State opposed the argument advanced on behalf of the applicants and would submit that on account of misbehavior and torture, second wife of the deceased was living in her parental house, there were attempt for conciliation and reunion. The applicants abetted the deceased for commitment of suicide, hence, in the shadow of said torture jointly by the members of the community, the deceased committed suicide, hence, looking to the material collected, the instant MCRC may be dismissed.

4.

Perused the entire material.

5.

The applicants are in jail since more than 6 months, other co-accused was granted bail by this Court, name of the accused does not find place in the alleged suicidal note dated 14-08-2016 and also from the perusal of statement recorded under Section 161 of the Cr.P.C., prima facie for the purposes of the instant MCRC only it lacks the material as required under Section 107 of the IPC. On due consideration, I am inclined to grant one opportunity to the applicants so that they face the trial while in bail. Consequently, the instant MCRC is hereby allowed. The applicants are directed to be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one

-3solvent surety of the like sum to the satisfaction of the Additional Sessions Judge (FTC) Dhamtari, District Dhamtari, C.G. for their appearance before the said trial Court as and when directed.

6.

It is made clear that this order granting bail to the applicants shall stand cancelled automatically without reference to the Bench by the Court below if (i) the trial Court finds that the applicants suppressed filing or pendency of any other application for grant of bail before this Court or the Hon'ble Apex Court intentionally; (ii) the applicants do not cooperate in the trial; (iii) the applicants are found to be involved in any offence of the like nature; and (iv) the trial Court finds that the applicants remain absent without any sufficient and cogent reason. If bail is cancelled automatically in view of above, the Court below may proceed further under the provisions of law under intimation. 7.

Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) JUDGE Aadil