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Himachal Pradesh High Court · body

2016 DIGILAW 95 (HP)

Savitri Devi v. State of H. P.

2016-01-22

P.S.RANA

body2016
ORDER : P.S. Rana, Judge. Present bail application is filed under Section 439 Cr.PC for grant of bail relating to FIR No.100/2014 dated 10.09.2014 registered under Sections 306, 201 & 120(B) IPC in Police Station Kot Kehloor Distt. Bilaspur (H.P.). 2. It is pleaded that petitioner is innocent and petitioner has been falsely implicated in the present case. It is further pleaded that investigation is completed in the present case and petitioner undertakes to join investigation as and when directed by the Investigation Agency and also undertakes to abide by any condition imposed by the Court. It is further pleaded that petitioner also undertakes not to tamper with the prosecution evidence in any manner. It is further pleaded that final investigation report under Section 173 of Code of Criminal Procedure 1973 already stood filed in competent criminal Court of law. Prayer for acceptance of bail petition sought. 3. Per contra police report filed. There is recital in police report that deceased Shakuntala Devi sent her husband Satish Kumar from matrimonial house to convene local panchayat relating to less allotment of land to the husband of deceased. There is further recital in police report that as per request of the deceased, Satish Kumar went outside the matrimonial house in order to collect local people. There is further recital in police report that when husband of the deceased came then he found that deceased had bolted the door of the room. There is further recital in police report that when the door was opened forcibly then it was found that scarf was in the neck of the deceased and deceased had tried to commit suicide. There is further recital in police report that thereafter deceased was brought for her medical treatment to Guru Teg Bahadur Multi Specialist Hospital wherein the deceased was declared dead. There is further recital in police report that thereafter Satish Kumar and his parents without informing the parents of the deceased on dated 10.09.2014 at 7.00 A.M. cremated the deceased. There is further recital in police report that deceased was forced to commit suicide. There is further recital in police report that deceased was mother of 2½ (Two and half) years son and she has committed suicide due to harassment committed upon the deceased by her husband and inlaws. Investigating Agency prepared the site plan after registration of the case and also took photographs of cremation ground. There is further recital in police report that deceased was mother of 2½ (Two and half) years son and she has committed suicide due to harassment committed upon the deceased by her husband and inlaws. Investigating Agency prepared the site plan after registration of the case and also took photographs of cremation ground. Investigating Agency also took into possession plastic canny of kerosene oil from the cremation ground and sealed it. Investigating Agency also took into possession the ashes and burnt bones from the cremation ground in sealed parcel. Investigating Agency also took into possession mobile phone of deceased Shakuntala Devi i.e. 94598-89783. Investigating Agency also recorded statements of prosecution witnesses. Investigating Agency also called special team from RFSL Bhayuli Mandi on 12.09.2014 who inspected the kitchen and toilet in intensive manner. Investigating Agency also collected footage from CCTV camera fixed in Guru Teg Bahadur Hospital on dated 13.09.2014. Investigating Agency after completion of investigation filed investigation report under Section 173 of Code of Criminal Procedure 1973 before competent Court of law. 4. Court heard learned Advocate appearing on behalf of petitioner and learned Additional Advocate General appearing on behalf of non-petitioner. 5. Following points arise for determination in present bail application. (1) Whether bail application filed by the petitioner is liable to be accepted as per special provision of bail for woman after completion of investigation and after filing investigation report under Section 173 of Code of Criminal Procedure as alleged relating to criminal offence punishable with death or imprisonment for life? (2) Final Order. Findings upon Point No.1 with reasons. 6. Submission of learned Advocate appearing on behalf of petitioner that petitioner is innocent and she did not commit any criminal offence as alleged by the prosecution cannot be decided at this stage. Same fact will be decided when case will be disposed of on merits by the learned trial Court after giving due opportunity to both parties to lead evidence in support of their case. 7. Submission of learned Advocate appearing on behalf of petitioner that investigation is completed in the present case and final investigation report under Section 173 of Code of Criminal Procedure 1973 already stood filed in the competent Court of law and petitioner be released on bail as per special provision of bail provided for woman is accepted for the reasons hereinafter mentioned. It is well settled law that at the time of granting bail following factors are to be considered (i) Nature and seriousness of offence (ii) Character of the evidence (iii) Circumstances which are peculiar to the accused (iv) A reasonable possibility of the presence of accused not being secured 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. Law Journal 702 SC titled Sanjay Chandra Vs. Central Bureau of Investigation that object of bail is to secure the appearance of the accused person at trial. It was held that grant of bail is rule and committal to jail is an 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. 8. Court is of the opinion that there is special provision of bail for woman and minors even in criminal offences punishable with death or imprisonment for life as per proviso clause of Section 437 of Code of Criminal Procedure 1973. In the present case investigation is completed and final investigation report under Section 173 Code of Criminal Procedure 1973 already stood filed in the competent Court of law and trial of the case will be concluded by the learned trial Court in due course of time. In view of special provision of bail for woman Court is of the opinion that it is not expedient in the ends of justice to keep the petitioner in judicial custody. Court is also of the opinion that if the petitioner is released on bail at this stage then interest of the State and general public will not be adversely affected. 9. Submission of learned Additional Advocate General that if the petitioner is released on bail at this stage then petitioner will induce and threat prosecution witnesses and on this ground bail application be declined is rejected being devoid of merits for the reason hereinafter mentioned. Court is of the opinion that conditional bail will be granted to the petitioner. 9. Submission of learned Additional Advocate General that if the petitioner is released on bail at this stage then petitioner will induce and threat prosecution witnesses and on this ground bail application be declined is rejected being devoid of merits for the reason hereinafter mentioned. Court is of the opinion that conditional bail will be granted to the petitioner. Court is of the opinion that conditions will be imposed upon the petitioner in bail order that petitioner will not induce or threat prosecution witnesses during trial of the criminal case. Court is of the opinion that if petitioner will induce or threat prosecution witnesses after grant of bail 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. In view of the fact that there is special provision of bail for woman in Code of Criminal Procedure relating to heinous offence punishable with death or imprisonment for life and in view of the fact that investigation is completed and investigation report under Section 173 of Code of Criminal Procedure 1973 already stood filed in competent criminal Court of law it is expedient in the ends of justice to allow the bail application. It was held in case reported in AIR 1957 Rajasthan page 10 titled Mt. Choti vs. State that special treatment of woman and children in bail matter is not inconsistent with Article 15 of Constitution of India. Point No.1 is answered in affirmative. Point No.2 (Final order). 10. In view of my findings on point No.1 above bail application filed by petitioner under Section 439 of Code of Criminal Procedure 1973 is allowed as per special provision of bail for woman. It is ordered that petitioner will be released on bail on furnishing personal bond in the sum of Rs.100000/- (One lac) with two sureties in the like amount to the satisfaction of learned trial Court on following terms and conditions. (i) That petitioner shall make herself available for interrogation by a Police Officer as and when required in accordance with law. (ii) That petitioner will attend proceedings of the trial Court regularly till conclusion of the trial. (i) That petitioner shall make herself available for interrogation by a Police Officer as and when required in accordance with law. (ii) That petitioner will attend proceedings of the trial Court regularly till conclusion of the trial. (iii) 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. (iv) That petitioner shall not leave India without prior permission of the Court. (v) That petitioner will not commit similar offence qua which she is accused. Observation made hereinabove will not affect merits of the case in any manner and will be strictly confined for disposal of the present bail application. Cr.MP(M) No.34/2016 is disposed of.