JAGIR SINGH Vs. JAGJIT SINGH

JUDGEMENT

(1.) This petition is filed seeking setting aside of the order dated 8th July, 2011, passed by the learned Municipal Magistrate, Jammu as also the order dated 26th September, 2011, passed by the learned Sessions Judge, Jammu. One Bimla Kour was married to Jagjit Singh accused in the year 1995 and she gave birth to two sons. In the year 2011, the sons were at the age of 13 and 15 respectively. An FIR bearing registration No.74/11, under Sections 306/498-A RPC was lodged with Police Station, Gangyal on the allegation that because of the continuous torture and ill treatment meted out to the Bimla Kour by her husband, she committed suicide by taking some poisonous substance. After the arrest of the accused, application for grant of bail was filed on his behalf, which application was allowed by the learned Municipal Magistrate, Jammu, vide order dated 8th July, 2011, and the accused was enlarged on bail subject to furnishing of surety bond and personal bond to the tune of Rs.20,000/- each. The bail order was hedged with the conditions that the accused shall participate in the investigation and appear before the Investigating Officer as and when required. It was also provided that he shall not tamper with prosecution evidence in any manner. The petitioner filed revision petition before the Court of learned Sessions Judge, Jammu, who vide its order dated 26th September, 2011, dismissed the same.

(2.) Mr. Sunil Sethi, learned Senior Advocate, submitted that on the allegations leveled in the FIR as also in the evidence which has come on record during the investigation of the case, it is a case of murder and not of suicide. Learned counsel in this behalf referred to the statement of one Lakhwinder Singh son of the deceased and accused, recorded under Section 164-A Cr.PC. Learned counsel also submitted that the learned Magistrate has granted the bail without taking into consideration the principles on which the discretion was to be exercised by him. Learned counsel further submitted that only on the ground that the accused was remanded to the judicial custody, the learned Magistrate granted bail to him. Learned counsel submitted that in law, this rule would not be a ground to allow the application of the accused.

(3.) The allegations leveled in the FIR and in the statement of the minor son, are definitely serious in nature. The allegation that Bimla Kour committed suicide because of the ill treatment meted out to by the accused, is serious in nature. The allegations show that a person has lost her life, which is precious. It was submitted at bar that the report under Section 173-A Cr.PC has been filed against the accused in the Court of competent jurisdiction.