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Judgment
Kuldip Singh, Judge
This judgment shall dispose of Cr.M.P.(M) Nos. 1053 and 1054 of 2012 filed by Kumari Suchetta and Krishna Devi, respectively, u/s 439 Cr.P.C. for releasing them on bail in FIR No. 151/2012 dated 11.09.2012, registered at Police Station, Jawalamukhi, District Kangra, under Sections 306, 498A, 34 IPC. Kumari Suchetta is the sister-in-law and Krishna Devi is the mother-in- law of deceased Heena.
Cr.M.P. (M) No. 1053 of 2012.
It has been stated that on 11.09.2012 Heena committed suicide. The petitioner Kumari Suchetta was not residing with the deceased, she was doing diploma in Nursing at Chandigarh. On the day of occurrence, Suchetta was at Chandigarh. She came to Jawalamukhi on hearing the death of her sister-in-law, where she was arrested. The petitioner moved an application u/s 439 Cr.P.C. for releasing her on bail. The said bail application was assigned to learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, but was not decided for considerable time. The petitioner filed Cr.MMO No. 175 of 2012. On 11.10.2012, the High Court directed learned Additional Sessions Judge, Fast Track Court, to decide the bail application of the petitioner without further delay. Thereafter, learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, decided and dismissed the bail application of the petitioner on 01.11.2012.
It has been stated that petitioner has been falsely implicated in the case. The petitioner is ready to join the investigation and furnish bail bonds. The submission has been made for releasing the petitioner on bail.
Cr.M.P. No. 1054 of 2012.
It has been stated that daughter-in-law of the petitioner committed suicide on 11.09.2012, an alleged suicide note of the deceased has also been recovered. The petitioner was not with the deceased at the time when she committee suicide. The petitioner moved bail application u/s 439 Cr.P.C., which was assigned to learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, which was not decided for long time. The petitioner moved Cr.MMO No. 175 of 2012 and the High Court on 11.10.2012 directed learned Additional Sessions Judge to decide the bail application of the petitioner without further delay. Thereafter, learned Additional Sessions Judge, dismissed the bail application of the petitioner on 01.11.2012.
It has been submitted that petitioner is innocent, she has committed no offence. The petitioner is ready to furnish bail bonds. The submission has been made for releasing the petitioner on bail.
The status report has been filed in Cr.M.P.(M) No. 1053 of 2012. It has been stated that on 10.09.2012 at about 8.30 p.m., some unknown person informed Police Post, Rakkar, that in Village Balehda, Heena Devi attempted to commit suicide by hanging. A.S.I. Naresh Kumar reached the spot and found that husband of Heena had taken her to C.H.C., Jawalamukhi, but Heena died before reaching C.H.C. The dead body of Heena was sent to Dehra for post mortem and her parents were informed.
On 11.09.2012 Govinda brother of deceased made a statement u/s 154 Cr.P.C. and has stated that his parents had died. Her sister Heena was married on 06.05.2011 with Mukesh Sharma, who treated his sister properly for about 4-5 months. Thereafter, his brother-in-law and mother-in-law of the deceased started ill-treating the deceased on small matters and demanded dowry. They also tortured Heena mentally. They gave beatings to Heena, who disclosed these facts to their aunt Meenakshi and uncle Om Prakash. Deceased also disclosed that on account of beatings, Heena had miscarriage twice. Heena had come to her parents house 4-5 months ago, but on persuasion she returned to matrimonial home on the intervention of some relatives and on the assurance by the mother-in- law and sister-in-law of the deceased that they would not repeat ill-treatment to the deceased.
On 09.09.2011 Heena on phone told her aunt that her husband, mother-in-law and sister-in-law had been ill-treating her, she told that she would not live in her in-laws house. She told her aunt to take her back.
On 10.09.2012 at about 9.00 p.m., Ashok Kumar told that Heena had hanged herself and was quite serious, subsequently they came to know that Heena committed suicide. The complainant stated that Mukesh, Krishna and Suchetta ill-treated deceased and demanded dowry and, therefore, Heena committed suicide. On this, the case has been registered.
On the dead body of the deceased post mortem was got conducted, doctors opined that cause of death in their opinion was asphyxia due to hanging. The final opinion would be given after chemical analysis. The accused were arrested on 11.09.2012.
Mukesh during interrogation disclosed that deceased conceived twice but miscarried. He further stated that second time due to complication doctor terminated the pregnancy. The suicide note of the deceased has been recovered. The submission has been made for rejection of the bail application.
Heard and perused the record. Heena was married to Mukesh on 06.05.2011. According to prosecution, petitioners and Mukesh ill-treated Heena and demanded dowry from her. Heena miscarried twice. On account of torture of petitioners and Mukesh, Heena committed suicide by hanging, she left behind suicide note. The prosecution has heavily relied on suicide note and has submitted that Heena committed suicide merely after one year of the marriage. It has been contended on behalf of the petitioners that petitioners were not with Heena when she committed suicide. Kumari Suchetta was at Chandigarh and doing Nursing course. I have gone through the alleged copy of suicide note of Heena. I do not want to comment on the suicide note, so that it may not affect merits of the case on either side. In the facts and circumstances of the case, I am of the opinion that petitioner Kumari Suchetta has made out a case for grant of bail u/s 439 Cr.P.C.
In these circumstances, Cr.M.P.(M) No. 1053 of 2012 filed by Kumari Suchetta is allowed and Kumari Suchetta is ordered to be released on bail in FIR 151/2012 dated 11.09.2012, registered at Police Station, Jawalamukhi, District Kangra, under Sections 306, 498A, 34 IPC on her furnishing personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of trial Court with the conditions that she will not influence the prosecution witnesses in any manner. The petitioner Kumari Suchetta will maintain absolute peace and lawful conduct during the pendency of the case. She will not leave the country without the permission of learned Sessions Judge, Kangra at Dharamshala till the filing of report u/s 173 Cr.P.C. and without the permission of trial Court after the filing of such report. The Cr.M.P.(M) No. 1054 of 2012 is dismissed at this stage. The observations made in the judgment are for disposal of bail petitions and shall not be construed as an expression of opinion on the merits of the case.
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