Khet Singh vs State Of Rajasthan
2023 Latest Caselaw 5776 Raj

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
      S.B. Criminal Miscellaneous Bail Application No. 9360/2023

1.       Khet Singh S/o Bhanwar Singh, Aged About 50 Years,
         Khara, Nokh P.s., Dist. Jaisalmer. (Confined In Sub Jail,
         Pokaran)
2.       Abhay Singh @ Abhu S/o Amar Singh, Aged About 45
         Years, Khara, Nokh P.s., Dist. Jaisalmer. (Confined In Sub
         Jail, Pokaran)
                                                                  ----Petitioners
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)          :    Mr.Shiv Singh.
For Respondent(s)          :    Mr.Mukesh Trivedi, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                    ORDER

10/08/2023

This application for bail under Section 439 Cr.P.C. has been

filed by the petitioners who have been arrested in connection with

FIR No.20/2023 registered at Police Station Nokh, District

Jaisalmer, for offence under Section 306 IPC.

Learned counsel for the petitioners submitted that as per

prosecution, deceased Kushal Singh committed suicide in front of

Police Station Nokh. Learned counsel submitted that the deceased

committed suicide due to harassment caused to him by the

present petitioners as by their various misdeeds, they were

causing him financial losses.

Learned counsel for the petitioners submitted that there is no

evidence to show the involvement of the petitioners for causing

(2 of 3) [CRLMB-9360/2023]

abetment to the deceased to commit suicide. Learned counsel

submitted that that allegation of harassment and causing

harassment has been levelled against the petitioners only with a

view to implicate them in the present case.

Learned counsel relied upon the judgment rendered by

Hon'ble the Apex court in M. Arjuna vs. State, represented by

its Inspector of Police, reported in (2019) 3 SCC 315, wherein

the Hon'ble Supreme Court held as under:-

"The essential ingredients of the offence under Section 306 I.P.C. are: (i) the abetment, (ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 I.P.C."

Learned counsel further also relied upon the judgment

rendered by Hon'ble the Supreme Court in the case of S.S.

Cheena Vs. Vijay Kumar Mahajan & Anr. reported in

(2010)12 SCC 190, wherein Hon'ble the Supreme Court while

deciding a criminal appeal held that abetment involves a mental

process of instigating a person or intentionally aiding a person in

doing of a thing. Without a positive act on the part of the accused

to instigate or aid in committing suicide, conviction cannot be

sustained.

Learned counsel submitted that the petitioners are in judicial

custody and the trial of the case will take sufficiently long time,

therefore, the benefit of bail should be granted to the accused-

petitioners.

(3 of 3) [CRLMB-9360/2023]

Per contra, learned Public Prosecutor opposed the bail

application.

Heard learned counsel for the petitioners and learned Public

Prosecutor. Perused the material available on record.

Having considered the rival submissions, facts and

circumstances of the case so also the fact that there is no

evidence available on record showing that the petitioners are

guilty of the act of instigating/abetting the deceased to commit

suicide, without expressing any opinion on merits/demerits of the

case, this Court is inclined to enlarge the petitioners on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioners- (i) Khet

Singh S/o Bhanwar Singh and (ii) Abhay Singh @ Abhu S/o

Amar Singh shall be enlarged on bail in connection with FIR

No.20/2023 registered at Police Station Nokh, District Jaisalmer,

provided each of them furnishes a personal bond in the sum of

Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for their appearance before

the court concerned on all the dates of hearing as and when called

upon to do so.

It is however, made clear that findings recorded/observations

made above are for limited purposes of adjudication of bail

application. The trial court shall not get prejudiced by the same.

(KULDEEP MATHUR),J 208-TarunGoyal/-

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