Hemlata Malhotra vs State Of Himachal Pradesh
2023 Latest Caselaw 17288 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                 Cr. MP (M) Nos.1026, 1027 & 1028 of 2023




                                                      .
                                  Decided on : 01.11.2023





    1.         Cr. MP (M) No.1026 of 2023





    Hemlata Malhotra                                 ...Applicant





                            Versus


    State of Himachal Pradesh                     ...Respondent


    2.         Cr. MP (M) No.1027 of 2023

    Nikhil Malhotra                                  ...Applicant



                            Versus




    State of Himachal Pradesh                     ...Respondent





    3.         Cr. MP (M) No.1028 of 2023





    Aditi Malhotra                                   ...Applicant


                            Versus


    State of Himachal Pradesh                     ...Respondent




                                     ::: Downloaded on - 02/11/2023 20:35:55 :::CIS
                                                   2

    Coram
    The Hon'ble Mr. Justice Virender Singh, Judge.




                                                                              .
    Whether approved for reporting?1





    For the applicant                       :    Mr. Ajay Kochhar, Senior
                                                 Advocate with Suteksh Behl &





                                                 Ms. Akanksha        Chauhan,
                                                 Advocates.

    For the respondent                  :        Mr. Tejasvi Sharma, Additional
                                                 Advocate General with Ms.





                                                 Leena      Guleria,    Deputy
                                                 Advocate General, assisted by
                                                 SI Kishori Lal, Police Station,
                                                 Sundernagar, District Mandi,
                          r                      H.P.

    Virender Singh, Judge (oral)

The above titled applications are being disposed

of, by a common order, as the applicants have filed these

applications under Section 438 of the Code of Criminal

Procedure (hereinafter referred to as 'CrPC'), in case FIR

No.96 of 2023, dated 21st April, 2023, registered with Police

Station, Sundernagar, District Mandi, H.P., under Sections

498­A, 306, read with Section 34 of the Indian Penal Code

(hereinafter referred to as the 'IPC').

2. By way of the present applications, the

applicants have sought the indulgence of this Court to

Whether Reporters of local papers may be allowed to see the judgment? Yes.

direct the Police/Investigating Officer to release them, on

bail, in the event of their arrest, in the above­mentioned

.

FIR.

3. According to the applicants, they are innocent

and have falsely been implicated, in the present case. They

have nothing to do with the offences, for which, they have

been named, as accused, in the FIR, in question.

4. According to the applicants, they are having the

deep roots, in the society and nothing is to be recovered

from them or at their instance.

5. In the applications, certain undertakings have

been given, on behalf of the applicants, for which, they are

ready to abide by, in case, any direction is issued to the

Police/Investigating Officer, under Section 438 Cr.PC.

6. On the basis of the above facts, a prayer has

been made to allow the applications.

7. When put to notice, the police filed the status

report, disclosing therein that on 21.4.2023, complainant

Rajan Sharma, moved a complaint before the Police of

Police Station, Sundernagar, mentioning therein that his

sister Shiwani Sharma, was married with Nikhil Malhotra,

in November, 2017. Although, it was a love marriage, but,

the ceremonies were performed, as per the Hindu rites.

.

7.1. On 10.4.2023, at about 8.15 p.m., sister­in­law

of Shiwani, informed the complainant that Shiwani has left

the matrimonial home. Thereafter, at about 9.15 p.m.,

they came to know through the police, that Shiwani had

jumped into the lake at Sundernagar and committed

suicide. r 7.2. Shiwani is stated to be educated girl of new era.

Her qualification was mentioned as M.Sc., B. Ed., MBA.

She had done the job till October 2021. In the month of

February, 2022, she had given birth to a male child.

7.3. The complainant has further alleged that his

sister was always pressurized by her in­laws. She was not

permitted to do the work, in which, she was interested nor

she has been permitted to talk with anyone. She was also

compelled to bring dowry from her parents.

7.4. With the passage of time, the demands of her

in­laws have increased. Due to this fact, according to the

complainant, Shiwani was under stress. Efforts were made

by the complainant to save the matrimonial life of his

sister.

.

7.5. In the month of December, 2021, when, the

father of the complainant expired, Shiwani was not

permitted to go to her parental house.

7.6. According to the complainant, after the death of

their father, she had inquired from Shiwani to complete the

formalities with regard to the succession of their father,

upon which, she has refused to accept anything. But, after

discussing the matter with her husband and in­laws, she

has changed her decision.

7.7. Due to the greed of the in­laws of the deceased,

according to the complainant, she was in depression. In

the month of May, 2022, she had made an attempt to

commit suicide and during treatment, clotting was found

in her brain.

7.8. From the month of May, 2022, phone of

Shiwani was found to be switched off. She was not

permitted to meet and talk to her friends and relatives. In

the month of June, 2022, Shiwani had come to her

parental house for four days along with her mother­in­law,

father­in­law, husband and son.

.

7.9. Lastly, the complainant has requested that all

these facts be considered and action be taken against the

applicants.

8. On the basis of the above facts, the police

registered the FIR, in question.

9. During the investigation, it was found that on

10.4.2023, at about 7.00 p.m., through police helpline,

information was received in the Police Station, that a girl

had jumped into the lake at Sundernagar, upon which, the

police visited the spot. Thereafter, she was taken out from

the lake and taken to Hospital, where, the doctors declared

her dead.

10. In the status report, which has been filed today,

it has been mentioned that during the investigation,

suicide note, allegedly written by Shiwani was found,

which was sent for comparison to SFSL Junga. As per the

report, the said document was found to be written by

deceased Shiwani.

11. In this case, interim protection has been

granted to the applicants, with a direction to join the

.

investigation. Consequently, they have joined the

investigation.

12. On the basis of the stand, as taken in the

status report, a prayer has been made to dismiss the

applications.

13. Heard.

14. Perusal of the status report reveals that the

applicants have joined the investigation, as and when

directed by the Investigating Officer to do so.

15. The role allegedly played by the applicants, in

the commission of the alleged offences, for which, they

have been named, as accused, will be proved during the

trial.

16. No doubt, a valuable human life has been lost,

but merely, on this ground, the relief cannot be denied to

the applicants, which would amount to convict them, prior

to trial. Pre­trial punishment is prohibited under the law.

Punishment can only be imposed, after the full fledged

trial.

17. Considering the fact that the suicide note

allegedly written by deceased Shiwani, was found to be in

.

her writing, this Court is of the view that the Police is not

able to make out a case, against the applicants, for

custodial interrogation. As such, the interim orders dated

27th April, 2023, passed in these applications, by this

Court, are hereby made absolute.

18. Therefore, it is ordered that the applicants be

released, on bail, in the event of their arrest, in case FIR

No.96 of 2023, dated 21st April, 2023, registered with Police

Station, Sundernagar, District Mandi, H.P., under Sections

498­A, 306 read with Section 34 IPC, on their furnishing

personal bail bonds, in the sum of ₹50,000/­ each, with

one surety each of the like amount, to the satisfaction of

the Investigating Officer.

19. This order, however, shall be subject to the

following conditions:

a) That the applicants will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;

b) The applicants will not leave India, without prior permission of the Court;

c) That the applicants will not, directly or indirectly, 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 Investigating Officer or the Court; and

d) That the applicants shall regularly 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.

20. Any of the observations, made hereinabove,

shall not be taken as an expression of opinion, on the

merits of the case, as these observations, are confined,

only, to the disposal of the present bail applications.

21. The applicants are directed to move regular bail

applications, when charge sheet will be filed, in the

Competent Court of Law.

22. It is made clear that the respondent­State is at

liberty to move an appropriate application, in case, any of

the bail conditions, is found violated by the applicants.

( Virender Singh ) Judge November 01, 2023(ps)