Petitioner, accused of abetment to suicide under IPC 306/34, applied for bail under Cr.P.C. 439. The court rejected the application, directing the recording of material witness statements before considering bail, without expressing an opinion on merits.
Bail application rejected on the direction to record statements of material witnesses.
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[CRLMB-10076/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10076/2021
Purna Ram S/o Mota Ram, Aged About 35 Years, B/c Meghwal, R/o 12A (B), P.S. Rambagh, Presently Residing at Ramgarh, District Jaisalmer (Raj.).
(At Present Lodged at District Jail, Jaisalmer).
----Petitioner
Versus
State through PP
----Respondent
For Petitioner(s) : Mr. D.S. Thind For Respondent(s) : Mr. Sudhir Tak, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
05/10/2021
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with the F.I.R. No.41/2021 registered at Police Station Ramgarh, District Jaisalmer for the offences punishable under Sections 306/34 of the IPC.
Heard learned counsel appearing for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that petitioner has wrongly been implicated in this case for the offence punishable under Section 306/34 of IPC; petitioner was the tenant in the house of uncle (rkÅ) of the deceased; deceased was 17 years 11 months and 20 days old. With these submissions, learned counsel
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[CRLMB-10076/2021]
for the petitioner prayed that benefit of bail may be granted to the petitioner.
Per contra, learned Public Prosecutor opposed the bail application and stated that the deceased was in love with another person and since accused-petitioner saw the deceased while she was kissing her lover and thereafter, accused petitioner used to harass her for friendship with him and also threatened her to disclose about her love and kissing and due to that frustration, she committed suicide and this fact has been narrated by the deceased in her suicide note.
Having regard to the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the accused-petitioner before statements of material witnesses.
Accordingly, the present bail application preferred by the petitioner -Purna Ram S/o Mota Ram under Section 439 Cr.P.C. is rejected.
(DEVENDRA KACHHAWAHA),J
5-Arvind/-
1 issue framed by the court
Whether bail should be granted to the petitioner before recording statements of material witnesses given the alleged suicide of a minor engaged in illegal sexual intercourse with her husband.
1 provisions across 1 enactments
Purna Ram S/o Mota Ram
State through PP
Devendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
