The Himachal Pradesh High Court dismissed a petition, filed for seeking pre-arrest bail in a case registered for the commission of an offense punishable under Section 306 read with Section 34 of IPC.
The Court observed that the submission that the suicide note was not found in the handwriting of the deceased, will not take away the effect of the suicide note because it was found in the possession of the deceased and is to be accepted as having been written by the deceased.
Brief Facts:
The wife of the petitioner made a statement before the police that her husband Dharmpal was missing from 26.06.2023. The police searched for Dharampal. Subsequently, the dead body of Dhrampal was recovered. The police also found a bottle of Sulphos, vomit, and a suicide note. The informant made a statement that Daulat Ram had quarrelled with the deceased many times as well as on 26.06.2023. The petitioner also quarreled with the deceased on 24.06.2023. The cause of death was Phosphine gas (phosphide) poisoning detected in the blood and viscera of the deceased. The admitted handwriting was sent to RFSL for comparison but same was not found sufficient by the expert. The admitting handwriting has again been taken. Dault Ram was arrested and has been released on bail.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the case. The suicide note was not found in the handwriting of the deceased. A mere quarrel is not sufficient to constitute abetment to commit suicide. Therefore, he prayed that the present petition be allowed and the petitioner be released on pre-arrest bail.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that the investigation is at the initial stage and the petitioner is to be interrogated. Keeping in view the nature of the offense, the bail petition should be dismissed.
The Court noted that the power of pre-arrest is extraordinary and should be exercised sparingly. In the present case, the police recovered a suicide note, in which the name of the petitioner was mentioned as the person responsible for the death of the deceased.
The Court observed that this is prima facie relevant as a dying declaration. The submission that the suicide note was not found in the handwriting of the deceased, will not take away the effect of the suicide note because it was found in the possession of the deceased and is to be accepted as having been written by the deceased. The wife of the deceased had specifically stated that the petitioner quarreled with the deceased before the incident. She also stated that the petitioner had quarreled with the deceased on many occasions previously. These allegations prima facie connect the petitioner with the commission of a crime.
The decision of the Court:
The Himachal Pradesh High Court, dismissing the petition, held that the petitioner is not entitled to the pre-arrest bail.
Case Title: Ashwani Kumar v State of Himachal Pradesh & Ors.
Coram: Hon’ble Justice Rakesh Kainthla
Case no.: Cr. MP(M) No. 1640 of 2023
Advocate for the Petitioner: Mr. Ashok Kumar
Advocate for the Respondents: Mr. Parshant Sen
Read Judgment @LatestLaws.com
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