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Himachal Pradesh High Court · body

2012 DIGILAW 792 (HP)

Kashmir Singh v. State of Himachal Pradesh

2012-11-05

KULDIP SINGH

body2012
Judgment Kuldip Singh, J. This judgement shall dispose of Cr.MP(M) Nos. 1014 and 1015 of 2012 filed by Kashmir Singh and Lal Singh, respectively, under section 439 Cr.P.C. for releasing them on bail in FIR No. 123/12 dated 30.8.2012, registered at Police Station, Bhoranj, under sections 498-A, 306, 34 IPC. Cr.MP(M) No. 1014 of 2012. 2. The prosecution case is that Rama Devi committed suicide by consuming some poison, she was taken to CHC Bhoranj for treatment, then to Regional Hospital, Hamirpur, where she died on 30.8.2012 at 2.30 a.m. The petitioner is husband of deceased Rama Devi. The petitioner was at Delhi when Rama Devi consumed poison. In fact, petitioner works at Delhi and had come to his village on hearing the death of Rama Devi. The dead body of Rama Devi was handed over to petitioner and he performed her last rites. 3. The petitioner has been falsely implicated in the above case. The petitioner was arrested on 30.8.2012 and is in judicial custody. The petitioner moved an application, under section 439 Cr.P.C., which was dismissed by the learned Sessions Judge, Hamirpur on 25.9.2012. 4. The petitioner is innocent, there is no legal evidence to connect the petitioner with the commission of offence. The High Court has granted bail to co-accused Raghubir Singh in Cr.MP(M) No. 971 of 2012. 5. The investigation in the case is complete. The further custody of the petitioner is not required. The petitioner is ready to furnish bail bonds. The entire family of the petitioner is dependant upon the petitioner including his two children. The submission has been made for releasing the petitioner on bail. 6. It has been stated that petitioner is about 80 years old. The petitioner is father-in-law of deceased Rama Devi and at the time of incident, petitioner was in the house and he had taken Rama Devi to the hospital, who was living with the petitioner. The petitioner is suffering from so many ailments. He was arrested on 30.8.2012. The petitioner moved an application for bail, which was rejected by the learned Sessions Judge, Hamirpur on 25.9.2012. The remaining averments in the petition are more or less same as made by the petitioner in Cr.MP(M) No. 1014 of 2012. 7. The status report has been filed in Cr.MP(M) No. 1014 of 2012. He was arrested on 30.8.2012. The petitioner moved an application for bail, which was rejected by the learned Sessions Judge, Hamirpur on 25.9.2012. The remaining averments in the petition are more or less same as made by the petitioner in Cr.MP(M) No. 1014 of 2012. 7. The status report has been filed in Cr.MP(M) No. 1014 of 2012. It has been stated that there are in all five accused, namely Raghubir Singh, Lal Singh, Kashmir Singh, Bimla Devi, Kaushalya Devi. Raghubir Singh has been released on bail by the High Court on 11.10.2012, Bimla Devi and Kaushayla Devi have been released on bail by learned Sessions Judge, Hamirpur on 25.9.2012. It has been stated that on 29.8.2012 Medical Officer, CHC, Bhoranj on telephone informed that Rama Devi had been brought to the hospital, who had consumed some poison. The police reached the spot. The doctor declared that patient was unfit for making statement. The patient was referred to Referral Hospital, Hamirpur. At about 2.30 a.m., telephonic information was received in Police Station, Hamirpur that Rama Devi had died. On 30.8.2012 the police reached the hospital. The post mortem on the dead body was got conducted. The statement of Manohar Singh was recorded, under section 154 Cr.P.C. 8. The complainant has stated that deceased was his sister and she was married to Kashmir Singh in November 1998. Rama Devi gave birth to two daughters, now aged 10 years and 3 years. Kaushalya Devi mother-in-law, Lal Singh father-in-law, Kashmir Singh husband, brother-in-law and sister-in-law of the deceased had ill-treated Rama Devi on small matters. On several occasions, she narrated her tales on her visit to her parents house, but every time she was sent back to her in-laws after some advice. On account of torture, beatings, abuses of in-laws Rama Devi consumed poison on 29.8.2012 and ended her life. The case was registered. 9. Raghubir Singh, Kashmir Singh, Lal Singh were arrested on 30.8.2012. Bimla Devi was arrested on 31.8.2012. Kaushalya Devi was arrested on 4.9.2012. The FSL report has been received. The bail applications of Raghubir Singh, Lal Singh and Kashmir Singh were rejected by the learned Sessions Judge on 25.9.2012, but bail applications of Bimla Devi and Kaushayla Devi were allowed. Raghubir Singh has been released on bail by the High Court. Bimla Devi was arrested on 31.8.2012. Kaushalya Devi was arrested on 4.9.2012. The FSL report has been received. The bail applications of Raghubir Singh, Lal Singh and Kashmir Singh were rejected by the learned Sessions Judge on 25.9.2012, but bail applications of Bimla Devi and Kaushayla Devi were allowed. Raghubir Singh has been released on bail by the High Court. The investigation in the case is complete and the challan has been prepared, which is likely to be filed very shortly in the court. The submission has been made for rejection of bail applications. 10. Heard and perused the record. It has been submitted on behalf of the petitioners that Kashmir Singh was working at Delhi when Rama Devi consumed poison. On hearing the death of Rama Devi he came to his village, but was arrested. Lal Singh is the father-in-law of the deceased and is about 80 years of age. The deceased was living with Lal Singh, who not only looked after the deceased but her two daughters also. The marriage between Kashmir Singh and deceased Rama Devi according to status report was solemnized in November 1998. Rama Devi gave birth to two daughters from the marriage. The prosecution has not pointed out any past complaint of Rama Devi or on her behalf by anybody to any lawful authority regarding the conduct of petitioners prior to 29.8.2012. 11. The prosecution has also not pointed out any writing or suicide note left by Rama Devi regarding the conduct of petitioners. It has not been denied that Kashmir Singh works for gain at Delhi and Lal Singh is about 80 years of age. The other accused have already been released on bail. In the status report, apprehension has been shown by the prosecution that in the event of bail, the petitioners may influence the witnesses, but in support of this apprehension no corroborative material has been placed on record. The petitioners are in custody since 30.8.2012. The investigation in the case is complete. The challan has not been submitted in the court. It is not certain, how much time the trial will take. In these circumstances, the petitioners have made out a case for grant of bail, under section 439 Cr.P.C. 12. The petitioners are in custody since 30.8.2012. The investigation in the case is complete. The challan has not been submitted in the court. It is not certain, how much time the trial will take. In these circumstances, the petitioners have made out a case for grant of bail, under section 439 Cr.P.C. 12. In view of above, both the applications are allowed and petitioners are ordered to be released on bail in FIR No. 123/12 dated 30.8.2012, registered at Police Station, Bhoranj, under sections 498-A, 306, 34 IPC on their furnishing personal bond in the sum of Rs.50,000/- each with one surety each of the like amount to the satisfaction of any Judicial Magistrate stationed at Hamirpur (H.P.) with the conditions that petitioners shall not overawe and terrorise the prosecution witnesses in any manner and they shall maintain absolute peace and lawful conduct during the pendency of the case. They shall not leave the country without the permission of learned Sessions Judge, Hamirpur till the challan is submitted in the court and without the permission of trial court during the pendency of the trial. 13. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.