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| Extra-marital love affair | | Man accused of instigating suicide gets bail | |
Jammu, September 13: Principal Sessions Judge Jammu, Subhash Chander Gupta has granted bail to one Parshotam Kumar alias Jodha, who is facing a trial for allegedly instigating husband of his beloved to commit suicide.
While granting bail to the accused the court observed that investigation in the case is complete and the co-accused, wife of the deceased who was alleged to relationship with the accused; has already been released on bail as such no useful purpose would be served by detaining the accused in the custody.
After going through the case record and the argument forwarded by the counsel for the accused, the court observed that a case for the bail is made out in favour of the accused, who was however directed to remain present before the Investigation Officer as and when directed to do so. Accused was further directed to furnish an undertaking that he will not use force or threat directly or indirectly against the witnesses and will not leave the territorial jurisdiction of this court without prior information.
The application for grant of bail was moved by Parshotam Kumar alias Jodha S/o Sudagar Mal R/o Arnia Tehsil Bishnah District Jammu who was arrested by the police station Arnia on 15.08.2003 following the suicide by one Rakesh Kumar. It was alleged that the deceased took the extreme step of committing suicide after he came to know that his wife is having illicit relationship with another man.
The accused, in the bail application, claimed that the he has not committed the crime is not at all involved in the commission of the offence and continuous detention of the applicant was causing loss to the hard earned reputation and his family especially to his father who is aged about 65 years.
As per the story of the prosecution the accused was having illicit sexual relation with the wife of deceased and the deceased caught both of them red handed. It was alleged that the deceased asked his wife number of times not to have the relation with the accused but all in vain. As both the accused and wife of the deceased did not mend and continued to indulge in illicit sexual relation, the deceased could not bear this insult and committed suicide.
After hearing the arguments of the counsel for the application and EA Tak, Public Prosecutor, the court observed that a case for commission of offence under Section 306 RPC stands registered against the accused which is admittedly a heinous offence and is punishable with imprisonment for either description of ten years. Commission of a heinous offence does not debar the Court from considering the grant of bail in the offence where punishment prescribed is for ten years and fine, the court observed further.
While granting bail the court observed that the accused has been arrested on 15.08.2006 and is still in custody. The investigation in the case is almost complete as the perusal of case diary file reveals that the IO has already recorded the statements of all the witnesses acquainted with the facts of the case and the co-accused has already been released on bail. The general principal of law is to grant bail and refusal is an exception, the court added. |
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