JAGAN NATH SHARMA Vs. STATE

JUDGEMENT

(1.) The respondents are the parents-in-law of the deceased Kavita Sharma. They were arrested in a case registered under Sections 304B and 498A of the Indian Penal Code. Allegedly, the deceased committed suicide within seven years of her marriage because other having been subjected to cruelty within the meaning of Section 498A of the Code. The learned Additional Sessions Judge granted bail to the respondents. The petitioner, who is the father of the deceased has applied for cancellation of their bail.

(2.) While allowing an application for bail, the Court takes note of the nature of the crime, circumstances in which it was committed, the age and background of the accused, the possibility of his jumping bail, the possibility of his tampering with the prosecution witnesses, its impact on society. Admittedly, in the case in hand, the respondents had dean past. Admittedly also, they are old. It was at no stage suggested that their release was likely to have an adverse impact on the prosecution witnesses. What is more at no stage had the State taken the stand that the respondents were likely to jump bail. It must also be taken note of that the State has not felt aggrieved by the orders of bail.

(3.) It was observed by the Supreme Court in State (Delhi Admn.) v. Sanjay Gandhi, (1978) 2 SCC 411: