Maya Devi W/o Sh Karam Chand v. State of Himachal Pradesh
2015-12-30
P.S.RANA
body2015
DigiLaw.ai
JUDGMENT : P.S. RANA, J. 1. Present petition is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail relating to FIR No. 192 of 2015 dated 2.8.2015 registered under Sections 302 and 498A read with Section 34 IPC at Police Station Sadar District Kullu HP. 2. It is pleaded that petitioner is innocent and petitioner has been falsely implicated in present case. It is pleaded that there is no direct or indirect evidence connecting petitioner with criminal offence. It is further pleaded that petitioner belongs to respectable family and has sufficient immovable property at village Jiya in Tehsil Bhunter District Kullu HP and petitioner is deeply rooted in society. It is further pleaded that detention of petitioner would not advance the cause of justice in any manner. It is further pleaded that petitioner is only female member in the family and there is no one except her to take care of minor grand children. It is further pleaded that petitioner would join investigation as and when required by investigating officer. It is further pleaded that petitioner will be abide by the terms and conditions imposed by Court. It is further pleaded that petitioner will not tamper with prosecution witnesses in any manner. Prayer for acceptance of bail petition sought. 3. Per contra police report filed. As per police report FIR No. 192 of 2015 dated 2.8.2015 is registered under Sections 302 and 498A read with Section 34 IPC at police station sadar District Kullu HP. There is recital in police report that on dated 2.8.2015 Smt.Girja Devi wife of Sh Sanjay Kumar filed complaint that her marriage was solemnized in the year 2003 and during night period her father-in-law namely Karam Chand and mother-in-law namely Maya Devi sprinkled kerosene oil upon Girja Devi and lit the fire. There is further recital in police report that when deceased Girja Devi were sleeping in her room father-in-law of deceased knocked the door and when deceased opened the door father-in-law of deceased brought deceased towards down side of her residential room and thereafter Maya Devi mother-in-law of deceased had given kerosene oil and thereafter fatherin- law of deceased sprinkled kerosene oil upon body of deceased and thereafter lit the fire. There is further recital in police report that Sanjay husband of deceased was also harassing deceased.
There is further recital in police report that Sanjay husband of deceased was also harassing deceased. There is further recital in police report that at the time of incident husband of the deceased was not present at the place of incident. There is further recital in police report that incident took place during mid night. After registration of FIR investigation was conducted and deceased was medically examined at regional hospital Kullu and MLC report was obtained. There is further recital in police report that last statement of deceased was recorded by Sub Divisional Magistrate Kullu and site plan was prepared and photographs also obtained. Statement of prosecution witnesses also recorded under Section 161 Cr.PC. There is further recital in police report that deceased died in hospital on dated 6.8.2015. There is further recital in police report that post mortem of deceased was conducted. There is further recital in police report that on dated 30.11.2015 challan is filed in competent Court of law. Prayer for rejection of bail application sought. 4. Court heard learned Advocate appearing on behalf of petitioner and Court also heard learned Additional Advocate General appearing on behalf of non-petitioner and also perused the record carefully. 5. Following points arise for determination in the present bail petition: (1) Whether bail application filed under Section 439 of the Code of Criminal Procedure 1973 is liable to be accepted as alleged in memorandum of grounds of bail petition and as per special provision of bail to woman in heinous criminal offence punishable with death or imprisonment for life and as per proviso of section 437 of the Code of Criminal Procedure 1973 after completion of investigation and after filing of investigation report under section 173 Cr.PC? (2) Final Order. Findings upon Point No.1 with reasons. 6. Su bmission of learned Advocate appearing on behalf of the petitioner that petitioner is innocent and she has been falsely implicated in the present case cannot be decided at this stage. Same fact will be decided when case shall be decided on merits by learned trial Court after giving due opportunity of hearing to both the parties to lead evidence in support of their case. 7.
Same fact will be decided when case shall be decided on merits by learned trial Court after giving due opportunity of hearing to both the parties to lead evidence in support of their case. 7. Another submission of learned Advocate appearing on behalf of the petitioner that investigation is completed and final investigation report under Section 173 Cr.PC stood filed in competent criminal Court of law and trial will be disposed of in due course of time and in view of special provision to females on bail present bail petition filed by petitioner be allowed is accepted for the reasons hereinafter mentioned. It is well settled law that at the time of granting bail following factors should be considered (i) Nature and seriousness of offence (ii) Character of the evidence (iii) Circumstances which are peculiar to the accused (iv) Possibility of the presence of the accused at the trial or investigation (v) Reasonable apprehension of witnesses being tampered with (vi) Larger interests of the public or the State. See AIR 1978 SC 179 titled Gurcharan Singh and others Vs. State (Delhi Administration. Also see AIR 1962 SC 253 titled The State Vs. Captain Jagjit Singh. It was held in case reported in 2012 Cri.L.J 702 S.C titled Sanjay Chandra Vs. Central Bureau of Investigation that object of bail is to secure the appearance of the accused person at his trial and it was held that object of bail is not punitive in nature. It was held that bail is rule and committal to jail is exception. It was also held that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution of India. It was held that it is not in the interest of justice that accused should be kept in jail for indefinite period. 8. Submission of learned Additional Advocate General that if the petitioner is released on bail then petitioner will induce and threat prosecution witness and on this ground bail petition be rejected is devoid of any force for the reason hereinafter mentioned. Court is of the opinion that conditions will be imposed in the bail order that petitioner will not induce or threat prosecution witnesses.
Court is of the opinion that conditions will be imposed in the bail order that petitioner will not induce or threat prosecution witnesses. If petitioner will flout terms and conditions of bail order then prosecution agency or investigating agency will be at liberty to file application for cancellation of bail provided under Section 439 (2) of the Code of Criminal Procedure 1973 in accordance with law. It was held in case reported in AIR 1957 Rajasthan 10 titled Mt.Choki Vs. State that special treatment of woman and children in bail matter is not inconsistent with Article 15 of Constitution of India. In view of above stated facts point No.1 is answered in affirmative. Point No.2 (Final order). 9. In view of findings on point No.1 bail petition filed by petitioner is allowed. It is ordered that petitioner will be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (One lac) with two sureties in the like amount to the satisfaction of learned trial Court on following terms and conditions. (i) That petitioner will join investigation as and when called for by the Investigating Officer in accordance with law. (ii) That petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. (iii) That petitioner will not leave India without prior permission of Court. (iv) That petitioner will not commit similar offence qua which she is accused. (v) That petitioner will attend the proceedings of learned trial Court regularly till conclusion of the trial. Observation made hereinabove is strictly for the purpose of deciding the present bail petition and it shall not effect merits of case in any manner. Bail petition disposed of. All pending application (s) if any also disposed of.