Uttarakhand High Court

BA1/1055/2008 of SURENDRA SINGH Vs STATE OF UTTARKHAND on 30 December 2008

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COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 30th December, 2008 Criminal Bail Application No.1055 of 2008 Order on the bail application of accused CRIMINAL SIDE Surendra Singh S/o Sri Prem Singh. … Applicant Versus State of Uttarakhand … Opposite

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 30[th] December, 2008

Criminal Bail Application No.1055 of 2008 Order on the bail application of accused CRIMINAL SIDE

Surendra Singh S/o Sri Prem Singh.

… Applicant

Versus

State of Uttarakhand

… Opposite Party

Arising out of Case Crime No. 514 of 2008. Under Section 306 I.P.C. P.S. Chamoli, District Chamoli.

Hon’ble J.C. S. Rawat, J.

Heard Mr. Vijay Khanduri, Advocate for the applicant and Mr. Amit Bhatt, Addl. G.A for the State & also perused the record.

After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; perusal of the statements of the witnesses annexed with the petition; the Apex Court has held in the cases of Mahendra Singh & another Vs. State of M.P. 1995 SCC (Cri) 1157, Netai Dutta Vs. State of West Bengal 2005 AIR SCW 1326 and Sohan Raj Sharma Vs. State of Haryana 2008 AIR SCW 3202 that cruel or insulting behaviour cannot be taken to be an act of abating suicide and the ingredients of Section 306 I.P.C. is not established; the Apex Court in the case of Kishori Lal Vs. State of M.P. 2007 (3) SCC (Cri) 701 has held that merely committing torture by the accused and subsequently the deceased would have committed suicide would not be an abatement or instigation to commit suicide; and considering the facts and circumstances of the case, it is a fit case for bail.

Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned.

Dated 30.12.2008V.K

(J.C.S.Rawat, J.)

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