Uttarakhand High Court
BA1/999/2008 of SAKALANAND JUYAL Vs STATE OF UTTARAKHAND on 30 December 2008
COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 30th December, 2008 Criminal Bail Application No. 999 of 2008 Order on the bail application of the accused. CRIMINAL SIDE Sakalanand Juyal, S/o Indramani Juyal. ….. Applicant Versus State of Uttarakhand
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 30th December, 2008 Criminal Bail Application No. 999 of 2008 Order on the bail application of the accused.
CRIMINAL SIDE
Sakalanand Juyal, S/o Indramani Juyal. ….. Applicant
Versus
State of Uttarakhand
…Opposite Party
Arising out of Case Crime No. 2630 of 2008. Under Section 306 I.P.C. P.S. Kotdwar, District Pauri Garhwal.
Hon’ble J.C.S. Rawat, J.
Heard Mr. Vinod Sharma, Advocate for the applicant, Mr. Amit Bhatt, Addl. G.A for the State and Mr. U.P.S. Negi, Advocate for the complainant & 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 documents annexed with the petition as well as with the counter affidavit; the Apex Court h as 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.
(J.C.S. Rawat, J.)