KERAT PANDOVE Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition stands instituted by the petitioner/bail applicant under Section 439 Cr.P.C, for his being ordered to be released from judicial custody, wherein he is extantly lodged, for his allegedly committing offences punishable, under, Sections 306 and 498-A of IPC Act, in case1 Whether reporters of the local papers may be allowed to see the judgment? FIR No. 64/18 of 13.9.2018, registered with Police Station, Kasauli, District Solan, H.P.

(2.) The deceased committed suicide, by, consuming excess dosages of Sulphas. She scribed a suicide note, proven by the FSL concerned to be in her handwriting, (i) wherein she has imputed an incriminatory role vis-a-vis the bail applicant, qua hers being beset with mental cruelty, engendered by certain acts, as, stand, attributed therein to the bail applicant. The afore suicide note is a dying declaration, and, is prima-facie a potent probative, and, tenacious piece of incriminatory material, against the bail applicant. However, the bald averments carried therein of hers being beset with mental cruelty, and, thereupon hers being goaded or instigated to commit suicide, also, enjoins this Court to determine, whether, the general allegations of hers being beset with mental cruelty, without, any further enunciation vis-a-vis the accompanying therewith precise instigatory act, perse hence being suffice, to, conclude qua theirs holding the relevant potency, for, this Court rather concluding, qua the, prosecution, at this stage, prima-facie establishing offences constituted under Sections 306, and, under Section 498- A of IPC. Apparently, no antimortem injuries had been noticed on the person of the deceased. However, the afore aspect is also fathomable, from, the accompanying therewith evidence, as, collected by the Investigating Officer concerned, comprised in the father of the deceased, rendering a scribed statement under Section 154 of Cr.P.C, with allegations therein, qua there being bitterings amongst the bail applicant, and, the deceased, spurred, by the excess indulgences of the bail applicant, in, alcoholism. The afore ascription(s) by the complainant, vis-a-vis, the bail applicant, can be concluded, to encumber mental cruelty vis-a-vis the deceased. However perse, thereon, it cannot be concluded qua theirs hence carrying the relevant immense potency, for, thereupon, this Court hence making a firm conclusion, at this stage, qua hence on anvil thereof, the, deceased being goaded or instigated to commit suicide.

(3.) Be that as it may, at this stage, prima-facie no offences under Sections 306/498-A of IPC are made out against the accused. Consequently, also when the applicant has suffered judicial incarceration for a period of more than six months, and, moreover, also when also at this stage, no material, has been placed on record, by the prosecution, demonstrating that in the event of bail being granted to the petitioner/bail applicant, there being every likelihood of his fleeing from justice or tampering with prosecution evidence, thereupon this Court is constrained to afford, the facility of bail in favour of the petitioner/bail applicant. Accordingly, the petitioner/bail applicant is ordered to be released from judicial custody, subject to compliance by him with the following conditions:-: