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Himachal Pradesh High Court · body

2016 DIGILAW 926 (HP)

Vedvati v. State of H. P.

2016-05-25

DHARAM CHAND CHAUDHARY

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JUDGMENT : Dharam Chand Chaudhary, J. This order shall dispose of both applications filed for the grant of bail. The accused-petitioners have been booked by the police of Police Station, Jogindernagar, District Mandi along with their co-accused Vijay Kumar in a case under Section 306 read with Section 34 of the Indian Penal Code registered vide FIR No. 78/16. 2. Deceased Pankaj Awasthi was husband of accused-petitioner Vandana and son-in-law of accused-petitioner Vedvati. His dead body was found lying in a forest at Harabag within the jurisdiction of Police Station, Jogindernagar on 05.05.2016. 3. Sh. Om Prakash is the complainant. He is the father of deceased Pankaj Awasthi. The complainant on coming to know around 5.30 p.m. on 05.05.2016 from one Rishi Awasthi that a dead body is lying in a forest at Harabag, he accompanied by the villagers went there and found the dead body of his son Pankaj Awasthi lying there. One plastic phial having mark ‘Nuvan’ (a poisonous substance) and one disposable cup having mark ‘Mannat’ were found lying near the dead body. The intimation was given to the police. The police came to the spot and recovered a suicide note from the pocket of the deceased. The note was identified by the complainant to be in the handwriting of his son. 4. The deceased was M.Com and doing a private job. One daughter aged 8 years was born to him from his marriage with accused-petitioner Vandana. The said accused had completed her nursing training after marriage and the expenses of which were borne by the deceased and the complainant. She used to reside in her parental house and visiting the matrimonial home very rarely and occasionally. The deceased was residing with her for the last one year. The deceased as and when visited the complainant, used to complain that he was being harassed by the accused-petitioners. They had been pressurizing him to pay money to them beyond his paying capacity and due to which he was under mental tension. Lastly, the accused met the complainant on 22.04.2016. On that day also, he was under tension. The deceased went from the house of the complainant on 24.04.2016 and not returned after that. On 28.04.2016, the complainant has reported the matter to the Sub-Divisional Magistrate, Jogindernagar. Lastly, the accused met the complainant on 22.04.2016. On that day also, he was under tension. The deceased went from the house of the complainant on 24.04.2016 and not returned after that. On 28.04.2016, the complainant has reported the matter to the Sub-Divisional Magistrate, Jogindernagar. Any, how, the dead body of the deceased was found lying in the jungle at Harabag on 05.05.2016, qua which he was informed by one Rishi Awasthi. 5. Both the accused have been interrogated, consequent upon the directions issued by learned Sessions Judge, Mandi and also this Court. The offence they allegedly committed is not only grievous in nature but heinous also, because if the allegations ultimately turn to be true and correct after holding trial against them, they have taken away a precious human life because the deceased a young man of aged 38 years has committed suicide. 6. The conduct of the investigating agency is not above board, because no efforts seem to be made to arrest the accused persons, particularly accused Vijay Kumar, a master mind and perpetrator of crime, irrespective of joint application all the three accused-persons filed in the Sessions Court dismissed by learned Sessions Judge, Mandi on 17th May, 2016 vide order, Annexure P-1. Learned Sessions Judge in the order Annexure P-1 has categorically held that present is a case where custodial interrogation of the accused-petitioners is necessary to conduct the investigation properly. It is surprising to note that irrespective of such observations in the order, Annexure P-1, nothing is there in the status report that the custodial interrogation of accused-petitioners is required. The role of the investigating agency and the manner in which this matter is being investigated is, therefore, writ large. 7. I have gone through the record, more particularly, the suicide note, which prima-facie implicate the involvement of accused-petitioner Vandana and her co-accused Vijay Kumar. No doubt, this document also speaks about the role and conduct of accused-petitioner Vedvati, however, the same not appears to be so serious. The suicide note reveals that the deceased was doubting the chastity of accused-petitioner Vandana and her mother accused-petitioner Vedvati being blamed to encourage her daughter in this regard. No doubt, this document also speaks about the role and conduct of accused-petitioner Vedvati, however, the same not appears to be so serious. The suicide note reveals that the deceased was doubting the chastity of accused-petitioner Vandana and her mother accused-petitioner Vedvati being blamed to encourage her daughter in this regard. While concurring with the observations made by learned Sessions Judge in dismissing a similar application filed by the accused-petitioners for grant of bail, the present is a case where the custodial interrogation of accused-petitioner Vandana is required, because her husband has committed suicide and as per investigation conducted at this stage, he was living in her company for the last one year. Since the complainant has suspected the hand of accused-petitioner and her co-accused Vijay Kumar, therefore, the truth must come out and in a situation when the accused is protected by an order of bail, may not divulge truth to the investigating agency. So far as accused-petitioner Vedvati is concerned, in view of what has been said hereinabove, her custodial interrogation merely on account of her daughter Vandana, the principal accused was living with her and that she was in the knowledge of her relations with accused Vijay Kumar is not warranted. 8. In view of the discussion hereinabove, the application filed by accused Vedvati is allowed and it is ordered that in the event of her arrest in connection with FIR No. 78/16 registered against her in Police Station, Jogindernagar, District Mandi, H.P. she shall be released on bail subject to her furnishing personal bond in the sum of Rs. 25,000/-(rupees twenty five thousand) with one surety in the like amount to the satisfaction of learned Judicial Magistrate, Jogindernagar. The accused-petitioner shall further abide by the following conditions:- That she shall:- (a) make herself available for interrogation as and when called upon to do so; (b) not temper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. (c) not 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 the Police Officer. (d) not leave the territory of India without the prior permission of the Court. 9. The application, Cr.M.P(M) No. 576 of 2016, as aforesaid, filed by accused-petitioner Vandana Pandit is, however, dismissed. 10. (d) not leave the territory of India without the prior permission of the Court. 9. The application, Cr.M.P(M) No. 576 of 2016, as aforesaid, filed by accused-petitioner Vandana Pandit is, however, dismissed. 10. As regards, the observations qua role of the investigating agency and the manner in which the investigation is being conducted, I leave it open to the high ups in the Police Department to look into this aspect of the matter and ensure a fair and impartial investigation in the case. 11. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of these petitions alone. Both petitions stand disposed of accordingly.