Himachal Pradesh High Court
Vijay Laxmi vs State Of Himachal Pradesh on 15 September, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 15th DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CRIMINAL MISC. PETITION (MAIN) NO. 1942 Of 2022
Between:-
VIJAY LAXMI, AGED ABOUT 45 YEARS,
WIFE OF SH.RANJET SINGH,
RESIDENT OF VILLAGE RAJ NAGAR,
POST OFFICE SANSAI, TEHSIL BAIJNATH,
DISTRICT KANGRA,H.P.
.....PETITIONER
(BY SH.SUNIL KUMAR, ADVOCATE)
AND
STATE OF HIMACHAL PRADESH.
.....RESPONDENT
(BY SH. RAJU RAM RAHI, DEPUTY
ADVOCATE GENERAL)
(ASI RAJ MAL, POLICE STATION
PANCHRUKHI, DISTRICT KANGRA, H.P.)
CRIMINAL MISC. PETITION (MAIN) NO. 1943 Of 2022
Between:-
PRAVEENA DEVI, AGED ABOUT 40 YEARS,
WIFE OF SH. JAIDEV SINGH,
RESIDENT OF WARD NO.5,
VILLAGE/POST OFFICE SIMBAL,
TEHSIL BAIJNATH, DISTRICT KANGRA,H.P
.....PETITIONER
(BY SH. SH.SUNIL KUMAR, ADVOCATE)
AND
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STATE OF HIMACHAL PRADESH.
(BY SH,RAJU RAM RAHI, DEPUTY
.
ADVOCATE GENERAL)
(ASI RAJ MAL, POLICE STATION
PANCHRUKHI, DISTRICT KANGRA, H.P.) .....RESPONDENT
CRIMINAL MISC. PETITION (MAIN) NO. 1944 Of 2022
Between:-
KESHARI DEVI, AGED ABOUT 67 YEARS,
WIFE OF SH.LT. SH.SHER SINGH,
RESIDENT OF WARD NO.1. VILLAGE/POST
OFFICE BAN BHULLANA, TEHSIL BAIJNATH,
DISTRICT KANGRA, H.P
.....PETITIONER
(BY SH.SUNIL KUMAR, ADVOCATE)
AND
STATE OF HIMACHAL PRADESH.
.....RESPONDENT
(BY SH. RAJU RAM RAHI, DEPUTY
ADVOCATE GENERAL)
(ASI RAJ MAL, POLICE STATION
PANCHRUKHI, DISTRICT KANGRA, H.P.)
CRIMINAL MISC. PETITION (MAIN) NO. 1945 Of 2022
Between:-
JAIDEV SINGH DOGRA, AGED ABOUT 48
YEARS,SON OF LT. SH.MOJI RAM,
RESIDENT OF 65/1 MAHALMEHLA,
VILLAGE/POST OFFICE SIMBAL, TEHSIL
BAIJNATH, DISTRICT KANGRA, H.P
.....PETITIONER
(BY SH.SUNIL KUMAR,, ADVOCATE)
AND
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STATE OF HIMACHAL PRADESH.
.....RESPONDENT
(BY SH. RAJU RAM RAHI, DEPUTY
.
ADVOCATE GENERAL)
(ASI RAJ MAL, POLICE STATION
PANCHRUKHI, DISTRICT KANGRA, H.P.)
Whether approved for reporting?
following:
r to
These petitions coming on for orders this day, the Court passed the
ORDER
All these petitions are being disposed of by this common order as common questions of facts and law are involved for adjudication.
2. In these petitions, petitioners have approached this Court, invoking Section 438 Code of Criminal Procedure (in short 'Cr.P.C.'), seeking anticipatory bail in case FIR No.72 of 2022, dated 22.08.2022, registered in Police Station Panchrukhi, District Kangra, H.P., under Sections 306 read with Section 34 of the Indian Penal Code (in short 'IPC').
3. Status report stands filed. Record has also been produced.
4. As per status report, on 22.08.2022 an information was received in Police Chowki Tanda that one Rama Devi has expired, who was brought to Dr. Rajender Prasad Medical College for treatment in a case of consumption of poison. On receiving the said information, Police Officer rushed to the hospital and found that dead body of Rama Devi, after postmortem, had already been taken by her relatives. On reaching village Kandaral, the police met complainant Ramesh Chand, brother of the deceased, who made a ::: Downloaded on - 19/09/2022 20:01:52 :::CIS 4 statement Under Section 154 of Cr.P.C., alleging therein that his sister had committed suicide on account of cruelty and harassment on part of her mother-in-law, sisters -in-law ( Nanads) and their husbands.
.
5. As per status report, on 22.08.2022 at 12.30 P.M, sons of deceased informed the complainant about ailment of their mother (deceased) whereupon, complainant along with his wife and sisters-in-law (Bhabhi) reached village Kandaral and took Rama Devi for treatment in Government hospital Palampur where from she was referred to Rajinder Prasad Government Medical College and Hospital Tanda where she was declared brought dead.
6. During investigation, a suicide note claimed to be written by deceased, has been found in her house, wherein in the last three lines, she has requested to punish her mother-in-law, sisters-in-law and their husbands, being responsible for her suicide.
7. The allegations levelled by complainant are that mother-in-law of deceased used to leave in the house without telling and to go to their ancestral house situated at different place for a considerable long intervals and she used to level allegations that her daughter-in-law(deceased) shirked from the work and did not perform her duty properly and her sisters- in- law used to instigate her mother-in-law on telephone calls.
8. Suicide note is yet to be sent for forensic analysis to the Regional Forensic Science Laboratory (RFSL) along with admitted handwriting of the deceased. As per status report, except suicide note, there is no evidence available till date against the petitioners. It has been further stated that husband of deceased is living abroad who has come after death of Rama Devi and he, in his statement, has stated that his mother and wife used to argue with each other with regard to household work and his mother used to go to ancestral house situated in village Bhulana without informing ::: Downloaded on - 19/09/2022 20:01:52 :::CIS 5 anybody. This time also she had gone to Bhulana and probably deceased committed suicide on account of conduct of his mother and for indifferent attitude of sisters-in-law and their husbands to the behavior of his mother and .
also because of social taboos.
9. It has been further stated on behalf of petitioners that except suicide note, there is no other complaint made by the deceased either to Panchayat or any other authority regarding ill treatment to the deceased by mother-in-law or sisters-in-law or their husbands. As per statements of sons of deceased, their grandmother (mother of deceased) had gone to her ancestral house on 13.8.2022. As per detailed call records deceased has made a ten seconds call to her mother-in-law on 13.8.2022 and, thereafter, there was no conversation or call between deceased and her mother-in-law. Whereas it appears that suicide note has been written on 22.8.2022. As per status report, sisters-in-law and their husbands were not visiting the house of the deceased.
10. Learned counsel for the petitioners has submitted that the material, as on date narrated in the status report, is not sufficient to conclude that the petitioners had behaved with the deceased in such a manner so as to drive her to commit suicide. Whereas, learned Deputy Advocate General has submitted that on the basis of material on record, the applications deserve to be rejected.
11. Without commenting upon merits of the case, but taking into consideration material placed before me and taking note of factors and parameters required to be considered at the time of adjudication of bail as propounded by the Courts including the Supreme Court, I am of the considered opinion that at this stage petitioners may be enlarged on bail.
12. Accordingly, petitioners are ordered to be enlarged on bail on furnishing personal bond in the sum of `30,000/- each with one surety in the ::: Downloaded on - 19/09/2022 20:01:52 :::CIS 6 like amount, to the satisfaction of trial Court and upon such further conditions as may be deemed fit and proper by the trial Court, including the conditions enumerated hereinafter, so as to assure presence of the petitioner at the time .
of trial:-
(i) That the petitioners shall join the investigation and attend the Court as and when directed to do so by the Investigating Agency/Court; as per law;
(ii) that the petitioners 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 Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;
(iii) that the petitioners shall not obstruct the smooth progress of the investigation/trial;
(iv) that the petitioners shall not commit the offence similar to the offence to which they are accused or suspected;
(v) that the petitioners shall not misuse his liberty in any manner;
(vi) that the petitioners shall not jump over the bail;
(vii) that the petitioners shall keep on informing about the change in address, landline number and/or mobile number, if any, for their availability to Police and/or during trial;
(viii) the petitioners shall not leave India without permission of the Court.
13. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioners, enlarged on bail, as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.
14. In case the petitioners violate any conditions imposed upon them, their bail shall be liable to be cancelled. In such eventuality, prosecution may ::: Downloaded on - 19/09/2022 20:01:52 :::CIS 7 approach the competent Court of law for cancellation of bail, in accordance with law.
15. Learned trial Court is directed to comply with the directions .
issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.
16. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.
17. The parties are permitted to produce copy of order downloaded from the High Court website and trial Court shall not insist for certified copy of the order, however, if required, passing of order can be verified from the High Court website or otherwise.
The petitions stand disposed of in the aforesaid terms.
(Vivek Singh Thakur), Judge 15th September, 2022 (gaurav) ::: Downloaded on - 19/09/2022 20:01:52 :::CIS