Geeta & Anr v. State

439 Cr.P.C. for grant of bail in case FIR No.444/2012 dated 7^^ October, 2012,under Sections306/201/34IPG,registered atPS Sultanpuri,Delhi. Brieffacts ofthe case are thaton June,2012 atabout 11.05 a.m., aPGR callregarding suicide atF-1/31,Sultan Puri,Delhi wasreceived atPS Sultan Puri,Delhi vide DD No.l9A dated 19*June,2012 and the same was marked to SI Kulbir Singh for enquiry and necessaiy action. On receipt of the PGR call, SI Kulbir Singh reached at the spot where the dead body of Sh.Gulab Singh son of Late Sh.Srichand, resident of House No.19, East FriendsEnclave,SultanPuri,Delhi,aged32years,wasfoundto belyingon the bed in a room situated at the ground floor with ligature mark on the neck. The wife ofthe deceased, Smt.Nisha was present at the spot. SI Kulbir Singh recorded her statement and seized piece ofred colour chunni 2015:DHC:10576 A and a scissorfrom the spot. One pocketdiary containing handwriting ofthe deceased as identified by his wife was also seized by the SIfrom the spot. On that recovery,a proceeding under Section 174 Cr.P.C. was initiated and the post-mortem was got conducted. The post-mortem report was obtained wherein the autopsy surgeon opined thatthe death was due to asphyxia as a result ofhanging. Sh.Satbir Singh son of Sh.Srichand, resident of Village Garhi Bala, P.O.Bindhroli,District Sonepat,Haryana,the brother ofthe deceased filed a complaint case under Section 156(3) Cr.P.C. before the Court for registration ofthe case. In compliance ofthe order dated 29^^ September, 2012passed bythe Court,the aforesaid FIR wasregistered and investigation was taken up. During the course of the investigation, the subsequent opinion with regard to suicidal hanging or homicidal hanging was obtained. The doctor has opined that based on the post-mortem finding,the cause of death is asphyxia as a result of ante-mortem hanging which is suicidal in nature. After completion of the investigation, the charge-sheet was filed against the petitioners. The charges were also framed for the offences punishable under Sections 306/201/34IPC. The caseis pendingfortrial. 10 witnesses out oftotal 34 witnesses have been examined. The next date of hearing before the learned Trial Court is fixed on 13^^ April, 2015. The petitioners are in custody since 29'^ July,2013,i.e.forthe last VA years,in the aforesaid FIR. Learned counsel for the petitioners states that the petitioners are wrongly implicated in the matter. Merely saying to the deceased that he may die today instead oftomorrow,is not an instigation and there was no motive alleged against the petitioners. After the incident, the ambulance was called by the petitioners and merely because the dead body was puton the ground by cutting the ligature,the same would not attract Section 201 IPC.Counsel further submits thatsince the trial is likely to take some more timeandthepetitionershavealreadyspentmorethan 11/2yearsincustody. The status report has been filed by the State. The nominal record has also been filed. The petitioners were arrested in the above said FIR on 29^ July, 2013 and since then, they are in judicial custody. The earlier bail application filed by the petitioners was dismissed by the Addl. Sessions Judge,Rohini,Delhi,by order dated 26""July,2014. Having heard the learned counsel for the petitioners and the learned APP forthe State,underthese circumstances,withoutdeciding anything on merits ofthe case,it is directed thatthe petitioners shall be released on bail subject to their furnishing personal bonds in the sum of Rs.25,000/- each with one surety each ofthe like amount to the satisfaction ofthe learned Trial Courtand further subjectto thefollowing conditions:- (i) that the petitioners will furnish to the learned Trial Court their current address(es)and contact numbers and will not shift fi-om the said address(es) or change the contact numbers without prior permission ofthe learned Trial Court; (ii) the petitioners will appear on each and every date before the learned Trial Court; (ill) the petitioners will not interfere with the fair progress of the trial and will also not approachthe witnesses. In case ofviolation ofany ofthe conditions above,it will be open to the State to apply for cancellation ofthe bail. 7-/ The petition is accordingly disposed of. FEBRUARY27,2015/ka -'1

JUDGMENT