Rajasthan High Court - Jodhpur
Gunesha Ram vs State Of Rajasthan (2023:Rj-Jd:43620) on 13 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:43620]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15407/2023
Gunesha Ram S/o Kesha Ram, Aged About 32 Years, R/o Nehro
Ka Tala, Kundanpura, P.s. Sedwa, Dist. Barmer.
(At Present Lodged In Dist. Jail Barmer).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Dhanna Ram S/o Jetha Ram, R/o Bamarla Der, Tehsil
Sedwa, Dist. Barmer.
----Respondents
For Petitioner(s) : Mr.Manish Shishodia.
Mr.RJ Punia.
For Respondent(s) : Mr.MS Bhati, P.P.
For Complainant : Mr.Sanjay Nahar.
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
13/12/2023
This application for bail under Section 439 Cr.P.C. has been
filed by the petitioner who has been arrested in connection with
FIR No.104/2023 registered at Police Station Sedwa, District
Barmer, for offences under Sections 498-A and 306 IPC.
Drawing attention of the Court towards charge-sheet
submitted by the investigating agency on 22.11.2023 before
competent criminal court, learned counsel submitted that on
13.9.2023 the deceased Mst.'S' committed suicide by jumping into
a well (tanka). Learned counsel submitted that as per prosecution,
the petitioner who was married to the deceased from last 14 years
was in illicit relationship with few other women, therefore, by his
actions the petitioner caused mental harassment to the deceased
[2023:RJ-JD:43620] (2 of 4) [CRLMB-15407/2023]
and compelled her to commit suicide. Learned counsel vehemently
submitted that there is no iota of evidence available on record
indicating that the petitioner by any of his actions, instigated or
intentionally aided the deceased to commit suicide. It was urged
that without a positive act on the part of the accused petitioner to
aid to instigate the deceased to commit suicide, the allegation of
abetment to suicide cannot be sustained.
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.
[2023:RJ-JD:43620] (3 of 4) [CRLMB-15407/2023]
Learned counsel submitted that the petitioner is in judicial
custody, challan has been filed and the trial of the case will take
sufficiently long time, therefore, the benefit of bail should be
granted to the accused-petitioner.
Per contra, learned Public Prosecutor and learned counsel for
the complainant have vehemently opposed the bail application.
Heard learned counsel for the petitioner, learned Public
Prosecutor and learned counsel for the complainant. Perused the
material available on record.
Having considered the rival submissions, facts and
circumstances of the case, this Court prima facie finds that there
is no evidence available showing that the petitioner is guilty of the
act of instigating/abetting the deceased to commit suicide. Thus,
without expressing any opinion on merits/demerits of the case,
this Court is inclined to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that the accused-petitioner- Gunesha
Ram S/o Kesha Ram shall be enlarged on bail in connection with
FIR No.104/2023 registered at Police Station Sedwa, District
Barmer, provided he 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 his appearance before
the court concerned on all the dates of hearing as and when called
upon to so.
[2023:RJ-JD:43620] (4 of 4) [CRLMB-15407/2023]
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
/tarun goyal/
Sr.No.131
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