CRMPM/1350/2008 of JEET SINGH Vs STATE on 31 December 2008

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Cr.M.P. (M) 1350 of 2008.

Date of Decision: 31-12-2008.

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Jeet Singh and another

Petitioners.

Versus

State of Himachal Pradesh.

Respondent.

Coram

Hon’ble Mr.Justice S.S.Thakur ,J.

Whether approved for reporting[1]?

For the petitioner : N.K. Thakur, Advocate. For the respondent : Mr. J.S. Guleria, Law Officer.

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Surinder Singh, J,

Petitioners are apprehending arrest in a case registered under Section 306 read with Section 34 of the Indian Penal Code in Police Station Jogindernagar, District Mandi. As such, the present application has been moved by them for seeking pre-arrest bail. Interim conditional bail was granted to them on the last date of hearing and the matter was adjourned for today for report by the respondent and consideration.

Report filed. The State has objected to the bail of the petitioners.

Heard learned counsel for the parties and went through the investigation file.

Whether the reporters of local newspapers are allowed to see the Judgment? Yes.

Precisely, the case of the prosecution against the petitioners is that petitioner Jeet Singh was having a bad eye on Sunita Devi wife of Ranjeet Singh. His activities were obscene. He had been teasing her and taking liberties with her. In the month of July, 2008, during the night, Jeet Singh entered the room of the deceased when her husband had gone out to pass urine. Thus, Jeet Singh was fired at. He lodged the report under Section 307, I.P.C. against the husband of the deceased. He was arrested in that case. Thereafter, as per the case of the prosecution, Jeet Singh had been torturing Sunita (deceased) and used to make blanks phone calls to her and even he threatened that he had already fixed her husband in a criminal case and he would kill her minor son if she did not succumb to his pressure.

The deceased could not resist the continuous pressure of Jeet Singh and found herself helpless. On 17-12-2008, she wrote a suicidal note describing all the circumstances involving Jeet Singh which compelled her to take poison and finished her life.

The matter was reported to the Police by the father-in-law of the deceased. She was taken to the Civil Hospital Jogindernagar where she was declared dead. Her autopsy disclosed that she had died because of taking poison. During the investigation of this case, the suicidal note was taken into possession. On 22-12-2008, the admitted writings from the School where she was teaching were also taken into possession by the Police. All the documents have been sent to the Examiner of Questioned Documents for his opinion.

Thus in view the above circumstances, in my opinion, the petitioner Jeet Singh has no case for granting anticipatory bail. Keeping in view the allegations leveled against him, his custodial interrogation is a must in the present case. Therefore, the interim order for bail is vacated and his request for bail is declined.

However, from the record of the investigation, presently there is no connecting evidence against petitioner Titla Ram father of Jeet Singh. Suffice it to say that the petitioner Titla Ram can safely be enlarged on bail. Therefore interim bail granted to him vide order dated 23.12.2008 is hereby confirmed.

(Surinder Singh) Judge.

December 31, 2008. (bm)