DURGA SHANKAR GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) THIS application has been filed on behalf of the applicants under Section 438 of Criminal Procedure Code (hereinafter referred to as 'the Code') for anticipatory bail in connection with Crime No. 444/06 registered at Police station City Kotwali, Khandwa under Section 306 read with Section 34 of Indian penal Code.

(2.) SHOT facts of the case for consideration of this bail application are that the deceased Kishore Tiwari was Teacher/lab Assistant in B. E. Subhash higher Secondary School, Khandwa. All the applicants are connected with nimad Education Society. It is alleged that the applicants wanted to transfer the amount of arrears to the Provident Fund without the consent of employees and they failed to pay the arrears to deceased and because of paucity of funds, the deceased committed suicide on 1-6-2006. He also left one suicidal note. The matter was reported to Police Station Kotwali, Khandwa on 1-6-2006 and the merg was registered. Thereafter, the matter was investigated and the Crime no. 444/06 was registered on 12-6-2006.

(3.) THE learned Counsel for the applicant vehemently argued that no offence is made out under Section 306 of Indian Penal Code on the basis of allegations made by the prosecution. The applicants have not committed any offence. The deceased Kishore Tiwari committed suicide because he could not get his arrears but, it does not mean that the applicants instigated him to commit suicide. The order of the Sessions Court is based on illegal grounds. In these circumstances, the applicants are entitled for anticipatory bail.