BHINVDAN Vs. STATE OF RAJ

JUDGEMENT

(1.) Initially an inquiry u/s 174 Crimial P.C. was conducted and after that the dead body was handed over to the petitioner for cremation. After some time, a case was registered for the offence u/s 304 Part B, Penal Code and thereafter it was converted one u/s 302 Penal Code and now the charge sheet is alleged to have been filed for the offence u/s 306/302 IPC. Learned Public Prosecutor could not explain as to what stand the prosecution would be taking regarding the death. Whether it is suicidal or homicidal. As for the offence u/s 306 IPC, if it is a suicidal death, for which evidence about abatement for an act or omission is to be established. While, for the offence u/s 302 Penal Code the prosecution has to show by direct or circumstantial evidence, the various circumstances which lead to draw an inference that the accused had committed an offence as defined u/s 299 IPC. Without going into the merits of the case, but looking to the facts and circumstances of the case, I am inclined to grant bail. It is therefore, directed that the accused petitioner Bhinvdan be released on bail provided he furnishes a personal bond in the sum of Rs. 10 000/ (Rupees ten thousand with two sureties in the sum of Rs. 5,000.00 each to the satisfaction of the trial Court with the stipulation to appear before that Court as and when called upon to do so during the pendency of the trial of this case against him.