Suresh Kumar Patel vs State Of M.P

B. K. Shrivastava, J

Heard on application filed under section 439 of CrPC on 7.1.2021 on behalf of applicant Suresh Kumar Patel, who was arrested on 13.12.2020 in

connection with Crime No.813/2020, registered at Police Station Kotwali, District Narsinghpur, under sections 306 of IPC and 4 of M.P.Riniyon Ka

Sarankshan Adhiniyam.

It appears from the record that the deceased Lakhanlal and the present applicant both were Teachers by profession, and posted in same school.

Suresh Patel, who is the applicant in this case, granted a loan to Preetam Ghoshi and deceased Lakhanlal was the guarantor of the aforesaid

transaction.

It is alleged that Lakhanlal was pressurized by the applicant for repayment of the loan amount. Then on 5.12.2020 he paid Rs.1,00,000/- but the

accused was demanding Rs.2,60,000/-. Therefore, due to some mental pressure the deceased committed suicide on 6.12.2020.

Counsel for the applicant draws attention towards the document Annexure A-2 and submitted that the pay for the month of January, 2021 of applicant

Suresh Kumar Patel was wrongfully credited in the account of deceased, therefore, the department issued the aforesaid letter on 19.2.2020 for return

of the aforesaid amount through cheque to the applicant.

Counsel for the applicant also submitted that all allegations do not constitute the offence under section 306 of IPC.

Therefore, looking to the overall circumstances, facts of the case, custody period and status of the applicant as Teacher, without commenting on the

merits, the application is allowed. It is ordered that applicant be released on bail upon his furnishing a bail bond worth Rs.50,000/- (Rupees Fifty

Thousand only) and a personal bond of the same amount to the satisfaction of the trial Court. At the time of releasing applicant from custody, all the

instructions issued by the Government related to COVID-19 shall also be followed by the concerned authorities.

Accordingly, MCrC stands allowed.

Certified copy as per rules.