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2015 Supreme(Del) 368

HIGH COURT OF DELHI
MANMOHAN SINGH, J.

Geeta – Appellant
Versus
State (Govt of NCT of Delhi) – Respondent
Bail Appln. No. 2726 of 2014
Decided On : 05-03-2015

Advocate Appeared:
For the Petitioner:Sandeep Sethi, Sr. Adv, S.P. Kaushal, P.S. Bindra, Amit Anand, Rohit Kumar, Advocates
For the Respondent:Ravi Nayak, APP, D.S. Tomar, Manish Kumar, Vivek Kumar, Advocates

Headnote:

Criminal Procedure Code, 1973 - Section 439 - Indian Penal Code, 1860 - Sections 498A, 304-B, 34 - Bail - Matrimonial dispute - Dowry demand - Bail allowed - Petitioner is injudicial custody since 24th May, 2013 - Petitioner is the mother-in-law of the deceased - Earlier she has not misused the liberty - There is no likelihood of her tampering with the evidence in any manner - Family members of the deceased and the petitioner and her family were known to each other for the last 25 years and they were also aware about their financial status - Accused have no objection if the trial in the matter be expedited and they will not take unnecessary adjournments - Petitioner has also paid Rs.40 lac to the complainant by way of bank draft towards the dowry articles - Petitioner is an old lady and is not keeping well, the prayer of this application is allowed - Petitioner be released on bail - Application is disposed of.

Criminal Procedure Code, 1973 - Section 439 - Indian Penal Code, 1860 - Sections 498A, 304-B, 34 - Bail - Meaning of - Object of bail is to secure the appearance of the accused-person at his trial by reasonable amount of bail - Object of bail is neither punitive nor preventative - Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon.

JUDGMENT:-

1. The present application has been filed by the mother-in-law of the deceased under Section 439 Cr. P.C. in case FIR No.115/2013 under Sections 498A/304-B/34 IPC, Police Station Fatehpur Beri.

2. The petitioner is a woman. She is in custody since 24th May, 2013. Her case is that she has been falsely implicated in the above said FIR. She submits that she is a law abiding citizen and permanent resident of Delhi and has absolutely clean antecedents. She belongs to a good family. She has a long root in the society. Earlier she has not misused the liberty granted by the Court. Earlier application moved by her under Section 439 Cr. P.C. was dismissed by this Court by order dated 27th May, 2014 on the reason that the material witness had not been examined.

3. It is submitted by Mr. Sandeep Sethi, learned senior counsel appearing on behalf of the petitioner, that after examination of all the independent witnesses from the family of the deceased the bail application moved by the petitioner has been dismissed by the trial court on 3rd December, 2014. Therefore, the present application has been filed before this Court.

4. Mr. Sethi states that the petitioner has almost spent more than one year and eight months and since the trial will take some time, no purpose would be served if she will remain in judicial custody. He submits that the deceased stayed at her parental home for a period of about 278 days out of a total period of about 458 days of wedded life. No family member of the deceased raised this issue through the common relatives of both the parties.

5. He submits that admittedly the families of the deceased and the petitioner were closely known to each other for the past over 25 years and were well aware of the financial status and other background of each other.

6. Mr. Sethi has also referred the statement of witnesses of family members of deceased as well as other documents and has relied upon para 12 of the bail application wherein it is mentioned that the complainant and his family members have given various reasons for deceased committing suicide; i) the son of applicant was having illicit relations, ii) the son of the applicant had married another girl, iii) the son of the applicant did not obey the orders of the deceased, iv) the domestic help had shunted out and the deceased was made to work, v) the son of the applicant was not having physical relationship with the deceased, vi) the deceased was in deep depression, vii) demands of dowry were made and viii) she was killed and hanged by the applicant and her son.

7. He also submits that the petitioner is not keeping well and there is no likelihood of any tampering with the evidence in any manner as all the family members of the deceased have already been examined. An undertaking has been given on her behalf that she will not flee from the justice and she undertakes not to leave the country without the permission of the Court.

8. Mr. Sethi in support of his submissions has also referred to the cross-examination of PW-1 Karan Singh recorded on 30th June, 2014, who is father of the deceased, wherein he admitted that his family and the family of the petitioner were visiting each other before and after the marriage of his daughter. PW-1 also admitted that it is correct that he and husband of the petitioner had gone together for holidays at Kashmir and Rajasthan and stayed together after the marriage of deceased with Vikas. He further referred the cross-examination of PW-1 Karan Singh recorded on 28th July, 2014 wherein PW-1 father of the deceased has admitted that there was Dr.Ambedkar Jayanti procession on 14th April, 2013. The said procession had passed through Sultan Pur where the accused persons resided and when the procession reached Sultan Pur he had telephoned the husband of the petitioner i.e. father of Vikas to make arrangement of tea as the procession was near Sultar Pur. He submits that the said circumstances would indicate that the parties had cordial relations t























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