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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Vivek Singh Thakur, J.
Abdul Rehman – Petitioner
Versus
State of Himachal Pradesh – Respondent
CrMP(M) No. 655 of 2018
Decided On : 15-06-2018
BAIL - Criminal Procedure - CrPC - IPC 364, 302, 120B, 201, 34 - The judgment discusses the principles for grant of bail under Section 439 of the CrPC and the parameters laid down by the apex Court. The court considered the nature and gravity of the accusation, the exact role of the accused, antecedents of the applicant, possibility of the accused absconding, and the impact of grant of bail. The court also emphasized the need for a humane attitude and a balance between ensuring a fair trial and preventing harassment and unjustified detention of the accused.
Fact of the Case:
The petitioner filed a bail application under Section 439 of the CrPC for grant of regular bail in a case involving charges under IPC Sections 364, 302, 120B, 201, and 34. The prosecution alleged that the petitioner conspired with the main accused to murder a woman and obstructed the investigation.
Finding of the Court:
The court found that the accusation against the petitioner was based on suspicion and statements of witnesses. It noted that the involvement of the petitioner in the conspiracy was yet to be established during the trial. The court also highlighted that the petitioner's omission and commission could not be equated with the act of the main accused, and the suspicion, which was yet to be established, could not be a reason to deny bail.
Issues: The issues revolved around the petitioner's alleged conspiracy in the murder, obstruction of investigation, and the parameters for grant of bail under Section 439 of the CrPC.
Ratio Decidendi: The court applied the principles for grant of bail as laid down by the apex Court, emphasizing the need for a humane attitude, consideration of the accused's antecedents, and the balance between ensuring a fair trial and preventing harassment and unjustified detention of the accused.
Final Decision: The court ordered the release of the petitioner on bail, subject to specific conditions, and directed that the observations made in the petition should not influence the trial Court's consideration of the material placed before it.
Vivek Singh Thakur, J.
Petitioner has filed instant petition under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC') for grant of regular bail in case FIR No. 10 of 2017, dated 14th November, 2017, registered at Police Station Majra, District Sirmaur, H.P., under Sections 364, 302, 120B, 201 read with Section 34 of Indian Penal Code (hereinafter referred to as 'IPC').
2. I have heard learned counsel for the petitioner as well as learned Deputy Advocate General for the respondent-State and have also gone through the status reports filed on behalf of the respondent-State.
3. Prosecution case, in brief, as emerges from the material on record, is that 20 years old Mumtaz (daughter of complainant-Wajid Ali) did not return back on 11th November, 2017 after leaving the house about 10.00 a.m. for visiting Paonta Sahib to collect her marksheet from College whereupon she was searched everywhere in relation, but, on finding no clue, her missing report was lodged by the complainant in Police Station Majra on 13th November, 2017. During search of Mumtaz, police found a clue that she was last seen together with one Sharik Rehman on 11th November, 2017 at Paonta Sahib whereafter said Sharik Rehman was interrogated, who informed the police that Mumtaz had asked him on his mobile phone from an unknown number to come to Paonta Sahib whereupon he had visited Paonta Sahib to meet her, but, at that time Mumtaz was very angry and had told him that she was going to adopt her own way and he should also mind his own business. Thereafter, when the police visited house of Sharik Rehman on 15th November, 2017 for further investigation, he had tried to commit suicide by inflicting an injury in his stomach with some sharp edged weapon, which led to registration of FIR No. 11 of 2017, dated 15th November, 2017, against him under Sections 342, 186, 506 and 309 IPC in Police Station Majra. Sharik Rehman was admitted in Aggarwal Hospital Jagadhari/Yamunanagar.
4. On 17th November, 2017, petitioner-Abdul Rehman, who is real uncle of Sharik Rehman, had interfered in and obstructed the investigation being carried out by the police and forensic team by abusing and threatening them when they visited the house of Sharik Rehman on 17th November, 2017, whereupon ASI Subhash Chand lodged a report in DDR under Section 186 and 189 IPC.
5. After obtaining the call details and tower location of mobile number of Sharik Rehman, his location on 11th November, 2017 was found at Puruwala, Moginand, Badripur, Gondpur in the morning and at Badwas, Baldwa (Kamrau) during day time and after 1.30 p.m., again at Badripur and Puruwala area. After receiving this information, search for Mumtaz was started in these areas. On 25th November, 2017, a foul smell was sensed by the police party at a big curve between Sataun and Hevna Temple whereupon search was made below the road and at a distance of 20 feet below the road, a red coloured lady plastic shoe was found and on further search 30 feet below the road, putrificated dead body of a woman was found. The said dead body, on the basis of wearings of the deceased, was identified by her cousin Riyasat Ali and Uncle Shamim Ali as at the time of leaving her house on 11th November, 2017, Mumtaz was wearing these apparels and her red plastic shoe was also identified by her Aunt Mehazbeen.
6. Thereafter, statements of witnesses were recorded, who stated that Sharik Rehman in conspiracy with Abdul Rehman (petitioner), by using vehicle of petitioner, bearing registration No. HP17B5944, had thrown Mumtaz from the cliff with intention to kill her as on 11th November, 2017, when Sharik Rehman came back to Puruwala in the said car, he had washed the said vehicle near house of his aunt (bua) whereupon petitioner-Abdul Rehman was arrested on 26th November, 2017. During police remand, he produced his car bearing registration No. HP17B5944, alongwith key and documents and informed that his nephew (Sharik Rehman) had borr
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