Himachal Pradesh High Court

Sucha Singh vs State Of Himachal Pradesh on 21 November, 2023

Author: Virender Singh

Bench: Virender Singh

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CrMP(M) No. : 2833 of 2023 Reserved on : 16.11.2023 Decided on : 21.11.2023

Sucha Singh ...Applicant

Versus

State of Himachal Pradesh ...Respondent

Coram The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1

For the applicant : Mr. Surinder Saklani, Advocate.

For the respondent : Mr. Mohinder Zharaick, Additional Advocate General, with Ms. Leena Guleria, Deputy Advocate General, assisted by SI Roop Singh, Police Station Haroli, District Una, H.P.

Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, for the complainant.

Virender Singh, Judge.

Applicant-Sucha Singh has filed the present

application, under Section 439 of the Code of Criminal

Procedure (hereinafter referred to as 'CrPC'), for releasing

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

him on bail, in case FIR No. 250 of 2023, dated 26.9.2023,

registered with Police Station Haroli, District Una, H.P.,

under the provisions of Section 306 read with Section 34 of

the Indian Penal Code (hereinafter referred to as 'IPC').

2. According to the applicant, he is innocent and

has falsely been implicated, in this case, by the police.

3. As per the applicant, investigation in the

present case is complete and no useful purpose would be

served by keeping him in the judicial custody.

4. The applicant is stated to be having deep roots

in the society, as, he is resident of Village and Post Office

Samoor Kalan, Tehsil and District Una, H.P..

5. The applicant has also given certain

undertakings, for which, he is ready to abide by, in case,

ordered to be released on bail, during the pendency of the

trial.

6. The applicant has also tried his luck, by moving

similar application, before the Court of learned Additional

Sessions Judge-I, Una, District Una, H.P., however, his bail

application has been dismissed, vide order, dated

31.10.2023.

7. On this factual background, Mr. Surinder

Saklani, learned counsel, appearing for the applicant, has

prayed that the bail application may kindly be allowed.

8. When put to notice, the police has filed the

status report, disclosing therein, that on 26.9.2023, father

of the deceased Dharamender appeared before the police

and moved a complaint before the In charge, Police Post

Pandoga, disclosing therein, that his son Dharamender has

committed suicide on account of harassment given to him

by Devender Kumar, S/o Kamal Dev, Kamal Dev, S/o

Charan Dass and Sucha Singh, S/o Bishan Dass

(applicant).

8.1. According to the complainant, his son

Dharamender Kumar had entered into partnership with

Devender for running a brick kiln at Daulatpur Khad about

five years ago. In the year 2020, as per the mutual

agreement, the said brick kiln was given to Devender and it

was agreed that Devender would issue NOC and pay a sum

of Rs.16 lacs in cash to the deceased Dharamender Kumar

within a period of six months. Despite of the above

agreement, neither NOC was issued nor the payment was

made. Even after three years, accused Devender, Kamal

Dev and Sucha Singh mentally harassed the son of the

complainant.

8.2. On 26.9.2023, son of the complainant had gone

to Ispur and at about 12.00 noon, the elder son of the

complainant received a telephonic information that

Dharamender had consumed some medicine. The

complainant then sent his brother-in-law Vinod Kumar

there, who brought Dharamender to Una Hospital, where

he was referred to PGI, Chandigarh. However, on the way,

at about 4.15 p.m., Dharamender had expired.

8.3. During the search of the apparels of

Dharamender, one suicide note was found, in which, it has

been mentioned that due to harassment given to him by

Devender Kumar, Kamal Dev and Sucha Singh, the son of

the complainant had taken the extreme step to end his life.

8.4. On the basis of the aforesaid facts, the

complainant has prayed that action be taken against them.

9. On the basis of aforesaid facts, after conducting

formal inquiry, the police registered the FIR, under Section

306 read with Section 34, IPC.

10. After registration of the FIR, the criminal

machinery swung into motion. During investigation, the

suicide note was taken into possession. Spot was visited

and the physical evidence, so found on the spot, was taken

into possession. On 27.9.2023, all the three accused were

arrested.

11. During investigation, accused Devender and

Kamal Dev disclosed that they had a dispute with the

deceased Devender Kumar as well as his elder brother

Ravinder Kumar with regard to brick kiln, which they had

started in partnership about 4-5 years ago at Daulatpur

Khad.

12. In this regard, an agreement was executed

between them and Devender Kumar in the year 2021 and

as per the agreement, both of them had opened a cash

credit limit account in Central Bank of India, Una.

However, due to restrictions imposed due to Covid-19, the

loan amount could not be repaid, due to which, the said

account has become NPA.

13. It is further case of the police that Devender

Kumar and Ravinder Kumar have to pay a sum of

Rs.60,79,000/- to the bank. As per the agreement,

Rs.16,00,000/- was to be paid to Ravinder Kumar and

after receiving the said amount, Ravinder Kumar will not

have any interest in the brick kiln.

14. All codal formalities were completed. The dead

body of the deceased was sent for postmortem. It is further

case of the police that report from FSL is still awaited.

15. Highlighting the criminal history of applicant-

Sucha Singh, the following details of the cases, registered

against him, have been given, in the status report:

(i) Case FIR No. 340/16, dated 22.12.2016, under Sections 147, 148, 323, 324, 427, 506 IPC, with Police Station Sadar, Una;

(ii) Case FIR No. 646/2002, dated 23.11.2023, under Sections 4279, 337, 338 IPC, with Police Station Sadar Una.

16. However, in case FIR No.646 of 2002, the

applicant is stated to have been acquitted.

17. On the basis of the stand taken in the status

report, a prayer has been made to dismiss the application.

18. The role allegedly played by the applicant, in the

commission of the crime, will be proved during the trial.

Mere registration of cases against the applicant does not

take away the presumption of innocence, which is,

otherwise, available, to him, till the conclusion of the trial.

19. The applicant is in judicial custody and no

useful purpose would be served by keeping him in judicial

custody for indefinite period, as the chances of

commencement and conclusion of the trial, against the

applicant, in near future, are not so bright.

20. Applicant is permanent resident of District Una

and no apprehension has been expressed by the police

that, in case, the applicant is ordered to be released, on

bail, he may coerce the witnesses, not to depose against

him, or he may not be available for the trial.

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

but, merely, on this ground, the application cannot be

rejected as a matter of punishment, as pre-trial

punishment is prohibited under the law. Moreover, the

presumption of innocence is still in favour of accused

(applicant).

22. Considering all these facts, this Court is

of the view that the bail application is liable to be

allowed and is accordingly allowed.

23. The applicant is ordered to be released on bail

in case FIR No. 250 of 2023, dated 26.9.2023,

under Sections 306 read with Section 34 IPC, registered

with Police Station, Haroli, District Una, H.P., on his

furnishing personal bond in the sum of ₹50,000/-, with

one surety in the like amount, to the satisfaction of learned

CJM/ACJM, Una, District Una, H.P. This order, however,

shall be subject to the following conditions:

a) The applicant shall make himself available for the purpose of interrogation, if so required and 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;

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

c) The applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and

d) The applicant shall not leave the territory of India without the prior permission of the Court.

24. 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 application.

25. It is made clear that the respondent-State is at

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

the bail conditions is found to be violated by the

applicant.

26. The Registry is directed to forward a soft copy of

the bail order to the Superintendent of the concerned jail,

through e-mail, with a direction to enter the date of grant

of bail in the e-prison software.

27. In case, the applicant is not released within a

period of seven days from the date of grant of bail, the

Superintendent of the concerned jail is directed to inform

this fact to the Secretary of the concerned DLSA. The

Superintendent of the concerned jail, is further directed

that if the applicant fails to furnish the bail bonds, as per

the order passed by this Court, within a period of one

month from today, then, the said fact be submitted to this

Court.

( Virender Singh ) Judge November 21, 2023 ( mamta )

KARAN DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= 84c56a3b8f7868712974087154d73f59e80c39f7c 3c3b2c96099a032dbd3936c, PostalCode=171001

SINGH , S=Himachal Pradesh, SERIALNUMBER= 9b72faf266a1e783d9d187288c6909df3236ec194 07465bd50727f28fe45a07c, CN=KARAN SINGH KANWAR

KANWAR Reason: I am approving this document Location: