PRANJAL BHARALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) DECEASED Monalisa Bharal was married to the petitioner herein about 16 years back according to social customs.

(2.) THE petitioner herein contested the last assemble election as a BJP candidate from Hajo Constituency. On 21.4.11 the petitioner along with his wife, Monalisa Bharali (since deceased) their two daughters, a maid servant and the PSO attached to the petitioner attended the family function at the residence of Sri Alakesh Barua, brother-in-law of the deceased. THE deceased was allegedly humiliated by Sri Parag Saikia, his wife Smti. Uma Lahkar Saikia and their daughters Santana Parag Saikia and Bandana Parag Saikia by making some derogatory remarks against her character for which she (the deceased) became upset and ultimately committed suicide after setting fire on herself. After the incident all the relatives of Monalisa Bharali were informed, who visited the hospital. Monalisa Bharali succumbed to her burn injuries in the hospital.

(3.) MR. A.K.Bhattacharjee, learned Senior counsel appearing on behalf of the petitioner submitted that the deceased, Monalisa Bharali while visiting her brother-in-law's residence for a family function along with the petitioner and their two daughters, she was badly humiliated by Sri Parag Saikia, his wife and his daughters assailing her character which prompted her to take the extreme step. It was submitted by MR. A.K.Bhattacharjee that after returning from the family function, Monalisa Bharali had telephonic talk with some of her relatives on account of her humiliation in the house of her brother-in-law. On the night when all her family members fell asleep, she set herself on fire by pouring kerosene. Hearing cries of Monalisa, the petitioner and their eldest daughter Miss Dorothy awoke up from sleep and had seen Monalisa being burnt. He somehow put off the fire with water and immediately shifted her to hospital for treatment. It is according to MR. Bhattacharjee, learned Senior counsel that in the circumstances of the case appearing on the face of the record, there can be no room of suspicion that the petitioner had the complicity in the death of Monalisa Bharali. MR. Bhattacharjee, therefore, submitted that this is a fit case where privilege of pre- arrest bail can be granted to the petitioner.