OMPRAKASH KASHMIRILAL PUNJABI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Application is filed by the Applicant - Accused under Section 438 of the Code of Criminal Procedure for Anticipatory Bail in connection with C.R. No. 11191001200618/2020 registered with Anandnagar Police Station, District Ahmedabad City for the offences punishable under Sections 40 and 42 of the Gujarat Money Lenders Act as well as under sections 306 and 506 of the Indian Penal Code.

(2.) Heard learned Advocate Mr. Zubin Bharda for the Applicant and learned APP Mr. L.B. Dabhi for the Respondent State and learned advocate Mr. Rajesh Kanani for the private respondent ? complainant through Video Conference.

(3.) Learned Advocate for the Applicant ?Accused Mr. Bharda has vehemently argued that in the present case as such there is no case made out under section 306 of IPC, since there are mere fake allegations in the suicide note. Further, the petitioner has relations with the the deceased since long. He has placed reliance on the judgment of Hon'ble Supreme Court in the case of M. Mohan Vs. The State represented by The Deputy Superintendent of Police reported in Criminal Appeal No. 611/2011, wherein charges under section 306 of IPC against the appellant were quashed, since there were no allegations under section 306 of IPC. Secondly, learned advocate Mr. Bharda has placed reliance in the case of Anuj Hemantbhai Bhatt Vs. State of Gujarat reported in 2017(0) AIJEL ?HC ? 237588, wherein abatement of suicide note was not true, and it was held that it requires active or direct act which lead the deceased to commit suicide, hence, the petition was quashed for the offences punishable under section 306 coupled with sections 107 and 114 of IPC. He has further placed reliance upon Arnab Manoranjan Goswami Vs. State of Maharashtra and ors. in Criminal Appeal No. 742/2020 He has therefore prayed that discretion may kindly be exercised and grant the anticipatory bail to the Applicant ? Accused.