LawforAll

Showing posts with label question of cancellation of anticipatory bail.. Show all posts
Showing posts with label question of cancellation of anticipatory bail.. Show all posts
Monday, November 26, 2012

question of Cancellation of anticipatory bail., According to the complainant the deceased had committed suicide because Baban Devlate had not returned the amount given to him by the deceased for the purpose of securing job for his brother -Vijay and also because of the harassment caused to him by the appellants, accused 6 and 7 respectively and accused-5. Pursuant to the complaint Crime No. 3/2012 was registered against accused 5, 6, 7 and other accused under Sections 306, 420 read with Section 34 of the IPC. =complainant preferred an application before the High Court for cancellation of anticipatory bail. By the impugned order learned Single Judge cancelled the bail order, hence, these appeals by special leave.- At this stage, we do not want to express any final opinion on the merits of the case. Truth will surface only when the evidence is adduced. Prima facie, however, we find it difficult to comprehend why the alleged causes of suicide are not stated in one suicide note. So far as accused 5, 6 and 7 are concerned contents of the suicide notes prima facie appear to be unnatural. There is no reference to them in the FIR. Assuming, the suicide notes to be genuine, we find it prima facie difficult to believe that accused 6 and 7 would threaten their son-in-law that they would ask their daughter to set herself on fire and then lodge a complaint against him, particularly, when admittedly at the relevant time their daughter was pregnant.The present accused who are aged and rustic are not influential persons holding high office who can bring pressure on the investigating agency. It is unlikely that the police would find it difficult to interrogate them because they are protected by an order granting anticipatory bail to them. We are unable to concur with learned Single Judge in the facts of this case that it would not be possible to investigate allegation regarding theft of gold ornaments because of the anticipatory bail order. we quash and set aside the impugned orders. Anticipatory bail granted to the appellants-accused 6 and 7 by learned Additional Sessions Judge by order dated 23/01/2012 is hereby confirmed. The appellants-accused 6 and 7 shall cooperate with the investigating agency and abide by the conditions imposed on them.

                                                              NON-REPORTABLE                         IN THE SUPREME COURT OF INDIA   ...