Rajasthan High Court - Jodhpur
Aslam Mohammed vs State Of Rajasthan (2024:Rj-Jd:26034) on 27 June, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:26034]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7592/2024
Aslam Mohammed S/o Rafiq Mohammed, Aged About 37 Years,
R/o Silawat Mohalla, P.s. Baneda, Dist. Shahpura At Present R/o
Ekta Colony, Pansal Chohraya, P.s. Pratap Nagar, Bhilwara,
Rajasthan. (At Present Lodged At Dist. Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Naman Mohnot
For Respondent(s) : Mr. Anil Joshi, GA cum AAG assisted
by Mr. Pallav Sharma, AAAG
HON'BLE MR. JUSTICE KULDEEP MATHUR(VACATION
JUDGE)
Order
27/06/2024
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.119/2024 registered at Police Station Bheemganj, Dist.
Bhilwara, for the offences under Sections 302, 201 and 120-B of
IPC.
Learned counsel for the petitioner submitted that the
petitioner has been falsely implicated in the present case. Learned
counsel submitted that though initially FIR was lodged against the
petitioner by the complainant for the offences under Section 302,
201 and 120-B of IPC. However, the Investigating Agency after
making a thorough investigation in the matter has filed charge-
sheet against the petitioner for the offences under Section 306
IPC. Learned counsel submitted that as per the prosecution,
petitioner used to lay stress and pressure upon the deceased and
therefore, due to mental agony and tortorous behavior of the
petitioner, the deceased was left with no option but to end her life.
[2024:RJ-JD:26034] (2 of 3) [CRLMB-7592/2024]
Drawing attention of the Court towards the charge-sheet
submitted by the Investigating Agency before the competent
criminal court, learned counsel submitted that bald allegations
have been levelled against the petitioner without there being any
iota of evidence available on record indicating that the petitioner
by any of his actions, instigated or intentionally aided the
deceased to commit suicide. Learned counsel further submitted
that it is a settled law that unless the ingredients of instigation/
abetment to commit suicide are satisfied, accused cannot be
charged for the offences under Section 306 IPC. Learned counsel
relied upon the judgments rendered by Hon'ble The Supreme
Court in M. Arjuna Vs. State, represented by its Inspector of
Police reported in (2019)3 SCC 315 and S.S. Cheena Vs. Vijay
Kumar Mahajan and Anr. reported in (2010) 12 SCC 190.
Lastly, 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 has vehemently
opposed the bail application.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and
circumstances of the case, this Court prima facie finds that
investigation against the petitioner has already been completed.
This Court also prima facie finds that though there is an allegation
against the present petitioner of maltreating his wife i.e.,
[2024:RJ-JD:26034] (3 of 3) [CRLMB-7592/2024]
deceased however, whether the evidence available against the
petitioner is capable of suggesting that he had intended by his
acts to instigate the deceased to commit suicide or not and
whether the ingredients of instigation/abetment to commit suicide
are satisfied in the present case or not is a matter to be examined
by trial court on the basis of the material and evidences produced
before it. This Court also prima facie finds that the prosecution has
not shown any apprehension of petitioner influencing material
witnesses of the case or fleeing away from justice, in case he is
enlarged on bail. 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- Aslam
Mohammed S/o Rafiq Mohammed shall be enlarged on bail in
connection with FIR No.119/2024 registered at Police Station
Bheemganj, Dist. Bhilwara, 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.
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(VACATION JUDGE)),J
21-TarunG/-
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