HEMANT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second repeat bail application under Section 439 of Cr.P.C. His first application was disposed of vide order dated 23/01/2020. The applicant is in jail since 01/11/2019 in connection with Crime No.604/2019 registered at Police Station, Biaora, District-Rajgarh for the offence punishable under Sections 306 and 34 of IPC.

(2.) As per the prosecution story, a truck bearing registration No. MP09 HH 1171 was initially purchased by the applicant from a financial institution namely; HDB Financial Services, on higher purchase agreement. After sometime, the applicant sold the truck to the deceased on an understanding that thenceforth, the deceased shall pay the installment. He had also advanced Rs.4,51,000/- in cash and was required to pay the installment. Though the last installment was paid on 05/07/2019, but since the truck still stood registered in the name of the applicant. The deceased insisted for transfer of the vehicle in his name, for which there was an undue delay, resulting into commission of suicide by the deceased on 09/10/2019. Accordingly, the case has been registered.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. Investigation is complete and challan has been filed. He is no more required for custodial interrogation. The authorized representative of the finance company has been examined during trial. He has clearly stated that a minimum period of three months is required for closing of the account and issuance of the NOC for transfer of the vehicle. Under such circumstances, the deceased appeared to have been impassionate for no justification and within a period of three months, he committed suicide. There was no proximity of the circumstances, which may be attributed to the applicant resulting into commission of the suicide by the deceased.