Allowed

Simro Devi v. State of Hp

Himachal Pradesh HC2 Jun 2022CRMPM/935/2022

Case brief

AI extract

What is this about?

This bail order allowed a 55-year-old petitioner's release in a matrimonial death case under IPC sections 498A and 306. The High Court held that continued custody served no purpose after seven months, granting bail subject to standard conditions including appearance and non-interference.

What did the court decide?

Petitioner released on bail subject to furnishing bonds of Rs. 50,000 with one surety and complying with conditions to attend court and not tamper with evidence.

Simro Devi Vs State of Hp — Domestic Violence | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 2^nd DAY OF JUNE, 2022

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BEFORE

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HON’BLE MR. JUSTICE AJAY MOHAN GOEL CRIMINAL MISC. PETITION (MAIN) No. 935 of 2021

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Between:-

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SIMRO DEVI, W/O LATE SHRI DEV RAJ, R/O VILLAGE CHHEK, POST OFFICE JHILALRI, TEHSIL BARSAR, DISTRICT HAMIRPUR, H.P., AGE 55 YEARS.

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...PETITIONER

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(BY SHRI N.S. CHANDEL, SENIOR ADVOCATE, WITH SHRI SANJEEV KUMAR, ADVOCATE)

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AND

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STATE OF HIMACHAL PRADESH.

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...RESPONDENT

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(BY M/S SUMESH RAJ, DINESH THAKUR & SANJEEV SOOD, ADDITIONAL ADVOCATE GENERALS, WITH MR. AMIT KUMAR DHUMAL, DEPUTY ADVOCATE GENERAL & MR. J.S. BAGGA, ASSISTANT ADVOCATE GENERAL)

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SI SURESH KUMAR, INVESTIGATING OFFICER, POLICE STATION SADAR, DISTRICT HAMIRPUR, H.P. IS PRESENT IN PERSON ALONGWITH THE CASE RECORD. Whether approved for reporting? No.

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__________________________________________________________ This petition coming on for orders this day, the Court passed

the following:

O R D E R

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 212 of 2021, dated 09.11.2021, registered under Sections 498A & 306 of the Indian Penal Code at Police Station Sadar, Hamirpur, District Hamirpur, H.P.

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2. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in the matter after the unfortunate death of her daughter-in-law. He submits that before the unfortunate death of daughter-in-law of the petitioner, there was no allegation ever raised by the parents of the deceased-daughter-in-law that the deceased was being subjected to any domestic violence etc. He further submits that the allegations, which thereafter stood levelled against the petitioner are nothing but an afterthought. As per him, as the petitioner is in custody since 11.11.2021 and the investigation is complete, which is evident from the fact that the matter is now pending trial, no purpose is going to be served by continuing to keep the petitioner in custody. He further submits that in the event of grant of bail to the petitioner, she shall comply with all the conditions, which may be imposed upon her by the Court. Learned Senior Counsel has also prayed that the Court be sympathetic to the cause of the petitioner because of the fact that she

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happens to be a lady and this may be taken into consideration while deciding the petition.

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3. Learned Additional Advocate General while opposing the petition has submitted that taking into consideration the gravity of the offences alleged against the petitioner, it will not be in the interest of justice to release the petitioner on bail, for the reason that there is every possibility that if released on bail, the petitioner may try to create hurdle in the course of fair trial by trying to win over the prosecution witnesses. On these bases, he submitted that the petition be dismissed.

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4. I have heard learned counsel for the parties and also gone through the petition as well as the documents appended therewith and the status report.

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5. The case of the prosecution is that the deceased daughter-inlaw of the petitioner sustained burn injuries in suspicious circumstances on 04.11.2021 in her matrimonial house. Thereafter, she was taken to Dr. Radha Krishan Government Medical College, Hamirpur, from where she was initially taken to Dr. Rajender Prashad Government Medical College, Tanda and then to Government Medical College, Sector-32, Chandigarh, where Ms. Shilpa succumbed to her injuries on 09.11.2021 at 9:00 a.m. When the Investigating Officer visited Government Medical College, Chandigarh, mother of the victim (i.e., deceased Shilpa), filed an application stating that whenever deceased used to visit her parental

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house, she used to disclose that she was not being treated well by her husband and her mother-in-law and found them suspect in the death of deceased. On the basis of said statement, the FIR in issue was lodged and the petitioner was taken into custody on 11.11.2021. It is a matter of fact that after filing of the challan before the learned Trial Court, now the case is being listed before the said Court for recording the prosecution evidence.

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6. The petitioner happens to be 55 years old lady, who has been booked with alleged commission of offences punishable under Sections 498A & 306 of the Indian Penal Code. Whether or not the petitioner is guilty of the offences alleged against her is a matter of trial and in the peculiar facts of the case and taking into consideration the fact that the petitioner has been in custody for about 7 months, this Court is of the considered view that no purpose is going to be served by continuing to keep the petitioner in custody.

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7. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail in FIR No. 212 of 2021, dated 09.11.2021, registered under Sections 498A & 306 of the Indian Penal Code at Police Station Sadar, Hamirpur, District Hamirpur, H.P.., subject to her furnishing bail bonds in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of learned Chief Judicial Magistrate/Additional Chief

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Judicial Magistrate/Judicial Magistrate First Class, Hamirpur, H.P. The petitioner shall also abide by the following conditions:-

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“(a) She shall attend the Trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

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(b) She shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

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(c) She shall not 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 the Court or the Police Officer; and

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(d) She shall not leave the territory of India without prior permission of the Court.”

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8. It is clarified that the findings which have been returned

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by this Court while deciding this petition are only for the purpose of adjudication of the present bail application and learned Trial Court shall not be influenced by any of the findings so returned by this Court in the adjudication of these petitions during trial of the case. It is further clarified that in case the petitioner does not comply with the conditions which have been imposed upon her while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of bail. The petition stands disposed in above terms.

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Downloaded copy of this order is valid for compliance.

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(Ajay Mohan Goel) Judge

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June 02, 2022 (bhupender)

Simro Devi v. State of Hp

Case brief

What is this about?

What did the court decide?

Simro Devi v. State of Hp

Case brief

What is this about?

What did the court decide?

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