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Himachal Pradesh High Court · body

2012 DIGILAW 829 (HP)

Sushma Rani v. State of Himachal Pradesh

2012-11-15

KULDIP SINGH

body2012
Judgment Kuldip Singh, J. This judgment shall dispose of Cr.M.P.(M) Nos.1075, 1076, 1078 and 1079 of 2012 filed by Sushma Rani, Krishan Chand, Munish Kumar and Naresh Rani, respectively, under Section 439 Cr.P.C. for releasing them on bail in FIR No.160/2012 dated 14.08.2012, registered at Police Station, Sadar, Solan, under Sections 306,34 IPC. Sushma Rani is widow, Krishan Chand father-in-law, Munish Kumar brother-in-law and Naresh Rani mother-in-law of deceased Sunesh Kumar. Cr.M.P.(M) No.1075 of 2012. 2. The petitioner got married with Sunesh Kumar on 29.10.2000 and gave birth to two daughters Shruti and Ruchi aged now 10 and 5 years respectively. The petitioner is aged about 36 years and is a housewife. The deceased was doing his own independent business in the field of electronics at Chambaghat. There was no matrimonial discord between petitioner and deceased. The deceased was an ambitious person. 3. In the year 2006, deceased indulged in extra marital relations with one Monika Rana. The deceased even gave beatings to the petitioner on account of his relationship with Monika Rana, the incident was reported to police, but was compromised. 4. In the year 2007, deceased again developed extra marital relations with another woman Titlu alias Sunita Negi. The deceased gave beatings to petitioner on account of his relationship with that woman. The matter was reported to the police but was compromised. 5. On 12.08.2012, the husband of the petitioner returned to his house after 4-5 days and left to his room in the upper storey with the direction to the petitioner not to disturb him. On 13.08.2012, in the morning the petitioner found her husband in hanging condition. The petitioner contacted her brother-in-law Jaipal at Kasauli. The petitioner with the help of her daughter cut the rope and the body of her husband was brought down. The police and doctors visited the house of the petitioner as the matter was reported to the police by some neighbour. The last rites of the deceased were performed at his native place Kasauli. 6. The petitioner later on came to know the registration of above case. The petitioner moved an application for anticipatory bail which was dismissed on 17.09.2012. The petitioner preferred another bail application being Cr.M.P.(M) No.902 of 2012 which was dismissed by the High Court on 28.09.2012. The last rites of the deceased were performed at his native place Kasauli. 6. The petitioner later on came to know the registration of above case. The petitioner moved an application for anticipatory bail which was dismissed on 17.09.2012. The petitioner preferred another bail application being Cr.M.P.(M) No.902 of 2012 which was dismissed by the High Court on 28.09.2012. The petitioner after arrest moved another application for bail which was dismissed by learned Additional Sessions Judge, Fast Track Court, Solan, on 18.10.2012. 7. It has been stated that petitioner is innocent, she has committed no offence. The petitioner is a permanent resident of the place mentioned in the petition. The petitioner has two small daughters and after the death of her husband, the entire burden to look after the daughters is on the petitioner. The submission has been made for releasing the petitioner on bail. Cr.M.P.(M) No.1076 of 2012. 8. It has been stated that petitioner retired in July, 2011 as Superintendent from H.M.T., Pinjore. The petitioner had hardly any time to visit the house of his deceased son-in-law at Chambaghat. The deceased for the last about two years had indulged in politics. The deceased had asked the petitioner to pay him `5 lacs to contest election. The petitioner was never made to understand at any point of time that deceased had some problems in his public or private life. Sunesh Kumar unfortunately committed suicide. On receiving intimation, the entire family of the petitioner rushed to Solan and attended his last rites. 9. The petitioner, later on, came to know that a case has been registered, he moved an application for bail which was dismissed by learned Additional Sessions Judge, Fast Track Court, Solan. The petitioner subsequently preferred Cr.M.P.(M) No.903 of 2012 for anticipatory bail which was dismissed by the High Court on 28.09.2012. The petitioner after arrest filed bail application which was dismissed by learned Additional Sessions Judge, Fast Track Court, Solan, on 18.10.2012. It has been stated that petitioner is innocent, he has committed no offence. The petitioner is ready to furnish bail bonds. The submission has been made for releasing the petitioner on bail. Cr.M.P.(M) No.1078 of 2012. 10. It has been stated that petitioner is permanent resident of the place mentioned in the title of the petition. The brother-in-law of the petitioner has committed suicide. The deceased before committing suicide had sent SMS to some persons. The submission has been made for releasing the petitioner on bail. Cr.M.P.(M) No.1078 of 2012. 10. It has been stated that petitioner is permanent resident of the place mentioned in the title of the petition. The brother-in-law of the petitioner has committed suicide. The deceased before committing suicide had sent SMS to some persons. The petitioner subsequently came to know the registration of the above case. He moved anticipatory bail application which was dismissed by learned Additional Sessions Judge, Solan, on 17.09.2012. The petitioner then preferred Cr.M.P.(M) No. 905 of 2012 which was dismissed by the High Court on 28.09.2012. The petitioner was arrested. He then moved an application for bail which was dismissed by learned Additional Sessions Judge, Fast Tract Court, Solan, on 18.10.2012. The petitioner is innocent, he has committed no offence. The petitioner is ready to furnish bail bonds. The submission has been made for releasing the petitioner on bail. The remaining averments in the petition are more or less same as made by the petitioner in Cr.M.P.(M) No. 1076 of 2012. Cr.M.P.(M) No.1079 of 2012. 11. It has been stated that petitioner is aged more than 55 years and resides at the place mentioned in the petition. The son-in-law of the petitioner has committed suicide. The petitioner came to know about registration of the case later on. The petitioner filed bail application for anticipatory bail which was dismissed by learned Additional Sessions Judge, Solan, on 17.09.2012. The petitioner then moved pre-arrest bail in the High Court being Cr.M.P.(M) No.904 of 2012 which was dismissed on 28.09.2012. The petitioner after arrest filed another bail application which was dismissed on 18.10.2012. The petitioner is innocent, she has committed no offence. The petitioner is ready to furnish bail bonds. The submission has been made for releasing the petitioner on bail. The remaining submissions are more or less same as made by the petitioner in Cr.M.P.(M) No. 1078 of 2012. 12. The status report has been filed in Cr.M.P.(M) No.1075 of 2012. The petitioner is innocent, she has committed no offence. The petitioner is ready to furnish bail bonds. The submission has been made for releasing the petitioner on bail. The remaining submissions are more or less same as made by the petitioner in Cr.M.P.(M) No. 1078 of 2012. 12. The status report has been filed in Cr.M.P.(M) No.1075 of 2012. It has been stated that case has been registered on the statement of Prem Nath, father of deceased, under Section 154 Cr.P.C. It has come in the investigation that on 12.08.2012 before his death the deceased at 2.00 a.m. on his mobile No.96255-30302 had given SMS to his friends that his wife Sushma, mother-in-law Naresh Rani, father-in-law Krishan Chand Hans and younger brother-in-law Munish Kumar had been torturing him and for that reason he was committing suicide and they would be responsible for his death. During investigation, a four page writing of deceased Sunesh has been taken into possession which was stated to be written by him in the year 2006. In that writing, the deceased had written that his wife was the worst woman on the earth. He desired to give his entire property to his daughters. In the writing he had stated that his wife would be responsible for his death for whatever reason. He thought of committing suicide several times, but could not do so on account of his love towards his daughters and his responsibility. In that writing, he has also stated about his finances. This writing was found to be of deceased as per report received from F.S.L., Junga. 13. The doctor after post mortem has opined that deceased died as a result of ante-mortem hanging suicidal in nature. Krishan Chand, Naresh Rani and Munish Kumar were arrested on 03.10.2012 and Sushma Rani was arrested on 09.10.2012. It has come in investigation that Sunesh Kumar died on account of torture of Sushma Rani, Krishan Chand, Naresh Rani and Munish Kumar. The challan has been prepared which would be filed in the Court very shortly. The petitioners have committed serious offence. In the event of bail, the petitioners will flee from justice or terrorize prosecution witnesses. The submission has been made for rejection of bail petitions. 14. Heard and perused the record. The challan has been prepared which would be filed in the Court very shortly. The petitioners have committed serious offence. In the event of bail, the petitioners will flee from justice or terrorize prosecution witnesses. The submission has been made for rejection of bail petitions. 14. Heard and perused the record. As per prosecution, the deceased on 12.08.2012 at 2.00 a.m. before committing suicide had sent SMS to his many friends indicating that his wife, father-in-law, mother-in-law and brother-in-law had tortured him and for that reason he was committing suicide. In the message, he has referred the writing of the year 2006. In the SMS, the deceased had not referred any recent specific acts or omissions of the petitioners which compelled him to commit suicide. In the writing of the year 2006 relied by the prosecution and referred in the status report again general allegations of continuous ill-treatment have been made, but no specific allegations against petitioners regarding specific incident have been pointed out. 15. It is unfortunate that Sunesh Kumar has ended his life. The investigation in the case is over. The challan is likely to be submitted in the Court very shortly. Sushma Rani has given address of Chambaghat, whereas, other petitioners have given address of House No.326, H.M.T. Colony, Pinjore, District Panchkula. In the status report, it has not been stated that the residential addresses given by the petitioners in their respective petitions are not correct addresses. Sushma Rani was arrested on 09.10.2012 and other petitioners were arrested on 03.10.2012. In the status report, it has been stated that doctor has given opinion that the deceased died as a result of antemortem hanging suicidal in nature. The learned counsel for the petitioners have stated that petitioners are ready to furnish local sureties. 16. According to the prosecution, the deceased had returned to his home after 4-5 days and straightway went to his room where next morning he was found hanging. It is not certain when the challan will be filed and when the trial will be over. The apprehension of the prosecution that in the event of bail, the petitioners would flee from justice has not been corroborated by other material. Similarly, the apprehension of the prosecution that petitioners in the event of bail would terrorize the prosecution witnesses has not been supported by corroborative material on record. The apprehension of the prosecution that in the event of bail, the petitioners would flee from justice has not been corroborated by other material. Similarly, the apprehension of the prosecution that petitioners in the event of bail would terrorize the prosecution witnesses has not been supported by corroborative material on record. In any case law will take its own course if petitioners would venture to take law in their own hands. In the facts and circumstances of the case, the petitioners have made out a case for grant of bail under Section 439 Cr.P.C. 17. In view of above, the Cr.M.P.(M) Nos. 1075, 1076, 1078 and 1079 of 2012 filed by Sushma Rani, Krishan Chand, Munish Kumar and Naresh Rani, respectively, are allowed. All the petitioners are ordered to be released on bail in FIR No.160/2012 dated 14.08.2012, registered at Police Station, Sadar, Solan, under Sections 306,34 IPC, on their furnishing personal bonds in the sum of Rs.2,00,000/- each with one local surety each of the like amount to the satisfaction of any Judicial Magistrate, stationed at Solan, with the conditions that petitioners shall continue to join the investigation, if so required by the Investigating Officer and shall co-operate in the investigation. The petitioners shall not tamper with the prosecution evidence in any manner. They shall maintain absolute peace and lawful conduct during the pendency of the case. The petitioners shall not leave the country without the permission of learned Sessions Judge, Solan, till the filing of report under Section 173 Cr.P.C. in the Court and after filing of the such report without the permission of the trial Court. 18. The observations made in the judgment are for disposal of bail petitions and shall not be construed as an expression of opinion on the merits of the case.