Back
2017 Supreme(P&H) 2356
IN THE HIGH COURT OF PUNJAB AND HARYANA
Rekha Mittal, J.
Vicky Alias Manoj – Appellant
Versus
State of Haryana – Respondent
CRM M 5210 of 2017
Decided On : 18-04-2017
For the Petitioner:Mr. Dinesh Arora, Advocate
For the Complainant :Mr. Vikas Malik AAG, Haryana and Mr. Sanjiv Kumar Aggarwal, Advocate
The main legal point established in the judgment is that the completion of the investigation and the lack of requirement for custody can be grounds for granting regular bail in a case involving serious charges.
Headnote:
Bail - Indian Penal Code - Regular bail granted to petitioner in a case involving Sections 304-B, 306, and 406 IPC, based on lack of requirement for custody and completion of investigation.
Fact of the Case:
The petitioner sought regular bail in a case involving charges under Sections 304-B, 306, and 406 of the Indian Penal Code. The deceased, the petitioner's wife, was alleged to have committed suicide while staying at her parental house. The petitioner argued that the deceased had a history of psychological problems and had made statements influenced by her parental family.
Finding of the Court:
The Court found that the deceased had a history of psychiatric treatment and had made a statement indicating blame on her in-laws for her suicide. The Court noted that the investigation was completed, and a challan had been presented in the Court, indicating that custody of the petitioner was not required except to face criminal proceedings. The Court granted bail to the petitioner, subject to certain conditions.
Issues: The issues involved the deceased's mental health, the influence of her parental family on her statements, and the completion of the investigation.
Ratio Decidendi: The Court decided that custody of the petitioner was not required as the investigation was completed and a challan had been presented. The Court also considered the influence of the deceased's parental family on her statements and the lack of evidence indicating a need for the petitioner's custody.
Final Decision: The petitioner was granted regular bail, subject to certain conditions, based on the completion of the investigation and the lack of requirement for his custody.
Rekha Mittal, J.
The petitioner prays for grant of regular bail in FIR No. 382 dated 31.07.2016 for offence punishable under Sections 304-B, 306 and 406 of the Indian Penal Code (in short, IPC) registered with Police Station P.G.I.M.S, Rohtak, District Rohtak.
2. Counsel for the petitioner has submitted that marriage of the petitioner with the deceased was performed on 09.10.2013. Immediately after the marriage, it was found that the deceased was suffering from some psychological problem. She was taken to Oscar Hospital, Rohtak and was referred to Dr. D.K. Puri and was admitted in the Hospital on 21.10.2013. She was taken to Mool Chand Clinic, Lajpat Nagar, Delhi and PGIMS, Rohtak in November and December 2013 as per documents appended with the application. Thereafter, she was taken to the Institute of Human Behaviour and Allied Sciences, Delhi on 24.01.2014 where she was called on various dates and the documents in this regard have been placed on record. The petitioner submitted an application dated 31.07.2014 (Annexure P5) for taking action against father and relatives of deceased wherein it was specifically mentioned that conduct and behaviour of Sapna, immediately after marriage, indicated that she was suffering from some serious mental problem. It is further argued that Sapna went back to her parental home on 01.06.2016 and she committed suicide on 31.07.2016 while she was staying at her parental house. The petitioner filed a petition under Section 13 of the Hindu Marriage Act, 1955 on 22.07.2016 wherein he gave a detailed account with regard to behaviour of the deceased as well as her treatment in various hospitals from 21.10.2013 onwards.
3. Another submission made by counsel is that the deceased allegedly suffered a statement, basis of the FIR, to the effect that her marriage was solemnized three years ago; her husband used to demand money; he used to say that business was not going good; getting fed up, she poured petrol on herself and burnt. It is further argued that as the deceased at the relevant time was residing in her parental house, statement of the deceased recorded by the Judicial Magistrate on 31.07.2016 cannot be said to be without influence of her parental family particularly in the circumstances that as per the report submitted by the Forensic Science Laboratory in regard to the alleged suicide note left behind by the deceased, the last line in the suicide note attributing blame to her in-laws has tint of ink as well as nature of writing used for writing the other contents of the alleged suicide note to be different. Further argued that the deceased has tried to implicate the husband and his family members but challan has been presented only against the husband and others have been declared innocent. The last submission made by counsel is that on completion of investigation, challan has been presented in the Court and conclusion of trial is likely to take its own time.
4. Counsel for the State of Haryana assisted by Shri Sanjeev Kumar Aggarwal, Counsel for the complainant, has opposed the prayer for bail with the submission that keeping in view gravity of allegations coupled with the statement made by the deceased while lying admitted in the Hospital, the petitioner does not deserve to be enlarged on bail.
5. I have heard Counsel for the parties, perused the paper book and the police records.
6. No submissions have been made by counsel for the complainant in regard to documents qua treatment of the deceased in regard to some issue of psychiatry. Admittedly, the deceased was staying with her parental family about two months prior to the occurrence. As per report of the Forensic Science Laboratory, the last line in the suicide note in Hindi and translated in English "that is why I am committing suicide for which my in-laws will be responsible", tint of ink as well as nature of writing used for writing other contents of the suicide note is different. On completion of investigation, challan has already be
