ANIL KUMAR SEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) After dismissal of first bail petition on merits by this Court vide order dated 01/08/2018 passed in M.Cr.C. No.29898/2018, without challenging the order, the petitioner has preferred this second bail petition under Section 439 of Cr.P.C. in connection with Crime No.365/2018 under Section 306 of IPC registered at Police Station - MIG, Indore District-Indore.

(2.) The substantial change as pointed out by learned counsel for the petitioner is filing of the charge-sheet and that now he has copy of the suicide-note with him and as per his study, the reason for suicide by the deceased was frustration due to her failure in the life and not the abetment by the petitioner. It is further alleged that earlier this Court has only mentioned the judgment of Hon'ble Supreme Court relied upon by him passed in M.Mohan vs. State Represented by the Deputy Superintended of Police reported in AIR 2011 SC 1238 but why the same was not relied upon or the reasons for not relying upon the judgement have not been assigned in the earlier order. Though it is admitted by the learned counsel that all the contentions raised by him are mentioned in the earlier order but no specific reason is assigned for not granting him bail, while the bail is the rule and jail is only an exception.

(3.) This time learned counsel for the petitioner has come with more authorities on the subject. He again referred para 8 and 9 of Madan Mohan Singh vs. State of Gujarat and another (2010) 8 SCC 628, para 14 to 15 of order dated 26/03/2018 passed by Co-ordinate Bench of this Court in M.Cr.C. No.5952/2018, para 10 to 16 of State of Kerala and others vs. S. Unnikrishnan Nair and others (2015) 9 SCC 639, para 10, 12 and 15 of Sanju @ Sanjay Singh Sengar vs. State of M.P. (2002) 3 Supreme 650, para 13, 20,28 and 30 of Gurcharan Singh vs. State of Punjab (2017) 1 SCC 433 and para 11, 18, 19, 25, 28, 30, 39, 47, 52 of the judgment of Madras High Court dated 31/07/2015 passed in V. Venkataraman vs. State (2015) 3 MLJ (Criminal) 669.