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SATYEN VAIDYA
Jitender Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is an accused in case FIR No. 07/2023, dated 10.01.2023, registered under Section 306 of the Indian Penal Code, at Police Station Rohru, District Shimla, H.P.
2. Petitioner is in custody since 10.01.2023.
3. The allegation against the petitioner is that he has abetted the suicide committed by his wife on 07.01.2023. The matter was reported to the police on 10.01.2023 by the father of the deceased. It is alleged that petitioner was residing with his wife (deceased) and son at Rohru in a rented accommodation. He was habitual of drinking and used to harass the deceased in intoxicated condition. The complainant has alleged that deceased had made so many complaints to him but till the date of death of the deceased, no complaint had been made to any other authority whosoever.
4. Petitioner has prayed for grant of bail on the grounds that he is innocent and has not committed any offence. It is submitted that petitioner was married to the deceased for the last about fourteen years. He has a son studying in Class-VII at Rohru. There is no legal evidence to implicate him. It is further submitted that the preliminary investigation is almost complete. Petitio
Possibility of petitioner tampering with the prosecution evidence is found to be without substance as the material witnesses including complainant has already been examined in the case.
Grant of bail is the rule and refusal is the exception.
It is trite that successive bail applications under Section 439 of the Cr.P.C. in the same FIR are not maintainable unless some changed circumstance is shown.
The decision to grant regular bail was based on the lack of criminal antecedents, the examination of material witnesses, and the likelihood of a lengthy trial for the case to conclude.
Grant of Bail - Theft in dwelling house, etc - There is no doubt that grant or denial of bail is entirely discretion of judge considering a case but even so, exercise of judicial discretion has been ....
Court is required to balance rights of petitioner on one hand and public interest on other. Test of objectivity is to be applied.
The right to speedy trial is a fundamental right, and the court emphasized the importance of recording the statement of the minor daughter as a material witness.
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