Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1888

RAJASTHAN HIGH COURT
Dr. Pushpendra Singh Bhati, J.
Shivjot Kaur @ Shibu & Ors. - Appellants
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Appli No. 65/2021 and Connected With S.B. Criminal Miscellaneous Bail Application No. 4694/2021
Decided On : 05-05-2021

Advocates appeared:
Mr.Kr Bhati And Mr.Dl Rawla (On Vc)., for the Appellant; Mr. Ss Rajpurohit, Pp., for the Respondent.

Bail can be granted under Section 439 Cr.P.C. when there is insufficient evidence to support the charges against the accused, and the likelihood of prolonged proceedings is considered.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. to the petitioner, Harwinder Singh, due to insufficient evidence against him, as the post-mortem report indicated no injuries and the cause of death was undetermined. The court emphasized the importance of the totality of circumstances and the likelihood of prolonged proceedings, leading to the decision to allow bail.
Fact of the Case:

The petitioner was arrested in connection with a murder case involving the death of Harbans Kaur, the mother of the complainant, Lakhvindra Kaur. The prosecution's case was based on suspicion from the complainant, but the post-mortem report did not indicate any injuries or a clear cause of death.
Finding of the Court:

The court found that the prosecution could not substantiate its claims against the petitioner, as the complainant's statement did not implicate him or his co-accused, and the post-mortem report raised doubts about the cause of death.
Issues: Whether the petitioner should be granted bail considering the lack of concrete evidence against him and the nature of the charges.
Ratio Decidendi: The court held that bail should be granted when the evidence is insufficient to establish a prima facie case against the accused, especially when the proceedings are likely to be prolonged.
Result: The bail application of Harwinder Singh was allowed, and he was directed to be released on bail upon executing a personal bond and sureties. Additionally, the interim bail of Shivjot Kaur was converted into a regular bail application and allowed.

ORDER

1. In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.

2. In S.B. Criminal Misc. Bail Application no.4694/2021

3. Heard learned counsel for the parties and perused the material available on record.

4. The petitioner has been arrested in connection with FIR No.150/2020 of Police Station Ghamudwali, District Sriganganagar for the offence punishable under Sections 302/324, 397/34 & 201 of IPC. He has preferred this bail application under Section 439 Cr.P.C.

5. Learned counsel for the petitioner has pointed out that deceased Harbans Kaur was the mother of the complainant Lakhvindra Kaur. He further submits that the suspicion of foul play was laid by Lakhvindra Kaur upon which the prosecution launched the case against her daughter Shivjot Kaur and her son-in-law Harwinder Singh. He further submits that the post-mortem report does not indicate any injury whatsoever upon the body of the deceased. He has further pointed out that in the post-mortem report, the cause of death is unknown, which looks like a natural death.

6. Learned counsel for the petitioner further submits that in the statement of Lakhvindra Kaur, she has not deposed anything against Shivjot Kaur and Harwinder Singh.

7. Learned P.P. opposes the bail application but is unable to refute the aforesaid submission.

8. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

9. Accordingly, this bail application No.4694/2021 filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Harwinder Singh S/o Sh. Jaspal Singh shall be released on bail in connection with FIR No. 150/2020 of Police Station Ghamudwali, District Sriganganagar provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

10. In S.B. Criminal Misc. Apple No. 65/2021

11. On the oral prayer being made by the learned counsel for the petitioner, the interim bail application preferred on behalf of Shivjot Kaur @ Shibu is converted into regular bail application.

12. For the reasons mentioned above, the regular bail application of Shivjot Kaur @ Shibu W/o Sh. Harvindar Singh is allowed on the same bail bonds, which she has furnished in the interim bail application. She is on interim bail, therefore, she need not surrender.

Click Here to Read the rest of this document