Suman Sharma vs State Of Himachal Pradesh

Vivek Singh Thakur, J

This petition has been preferred by invoking provisions of Section 438 of Cr.P.C. for enlarging the petitioner on bail in case FIR No. 83 of 2021,

dated 15.6.2021, registered under Sections 498A and 306 of IPC in Police Station Nadaun, District Hamirpur, H.P.

Petitioner was enlarged on anticipatory bail on 24.6.2021 with direction to join the investigation. Petitioner could not join the investigation, as she

was suffering from Corona virus. Thereafter, matter was adjourned for 15.7.2021, on which date it was informed that petitioner had joined the

investigation only on 12.7.2021 and, therefore, further interrogation was necessary and thereafter case was adjourned for today.

Today fresh status report stands filed, wherein it is stated that petitioner had joined the investigation and has been interrogated and Officer present

in the Court informs that custodial interrogation of the petitioner is not warranted.

It is pointed out by learned counsel for the petitioner that petitioner is married sister of main accused Ram Pal whose wife has committed suicide

and she is residing in house of her in-laws, whereas brother of deceased has lodged FIR on the basis of information supplied by his deceased sister

wherein he has categorically stated that his sister had informed him telephonically that her husband Ram Pal had been harassing her without any

reason and, therefore, it has been alleged in FIR that deceased had committed suicide on account of cruelty by her husband. It is further submitted by

him that petitioner has been arrayed as accused in present case, only on the basis of supplementary statement and statements of other witnesses

recorded under Section 161 Cr.P.C.

Learned counsel for the petitioner has also submitted that in the suicide note also the deceased has stated that her husband used to harass her and

her Devar, Nanad and others also used to harass her and they should be punished for that and in last line, it is stated categorically that accused-

husband was residing with parents and was not caring for her and, therefore, she had been committing suicide.

Without commenting upon merits of the evidence collected by the Investigating Agency, but taking into consideration the factors and principles

required to be considered at the time of considering the bail petition, I find that in facts and circumstances of the case no fruitful purpose is going to be

served by sending the petitioner behind the bars at this stage.

Accordingly, interim bail granted to the petitioner vide order dated 24.6.2021 is confirmed, subject to furnishing fresh personal bond in the sum of

`50,000/- with one surety in the like amount to the satisfaction of trial Court within a period of two weeks from today upon such further conditions as

may be deemed fit and proper by the trial Court, including conditions enumerated hereinafter, so as to ensure the presence of the accused during trial

and also subject to following further conditions:-

(i) That the petitioner shall make herself available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him/her from disclosing such facts to Court or to any Police Officer or tamper with the evidence. She shall not, in any manner, try to

overawe or influence or intimidate the prosecution witnesses;

(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which she is accused or suspected;

(v) that the petitioner shall not misuse her liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that the petitioner shall keep on informing about the change in address, landline number and/or mobile number, if any, for her availability to Police

and/or during trial;

(viii) that the petitioner shall not leave India without permission of the Court.

It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary

in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or

further condition on the petitioner as it may deem necessary in the interest of justice.

In case the petitioner violates any conditions imposed upon her, her bail shall be liable to be cancelled. In such eventuality, prosecution may

approach the competent Court of law for cancellation of bail, in accordance with law.

Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-

IV.7139 dated 18.03.2013.

Observations made in this petition hereinbefore shall not affect merits of the case in any manner and are strictly confined for the disposal of the

bail application.

The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy

of the order, however, it may verify the order from the High Court website or otherwise.

The petition stands disposed of in the aforesaid terms.

Dasti copy on usual terms.