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| Capt Chatnaya granted bail | | Megha ‘murder’ case | | EARLY TIMES REPORT
Jammu, Dec 4: While granting bail to Captain Chatnaya Bhatwadakar, who was arrested by the police on April 1 this year in connection with the murder of his wife Captain Mega Razdan on July 1, 2007, Justice JP Singh of High Court Jammu Wing held that there is no statutory prohibition in considering applicant's release on bail. While considering his release on bail section 497 (I) RPC too may not apply and no finding needs to be recorded as to whether or not there are reasonable grounds for believing that the applicant is guilty of the offence punishable with death or imprisonment for life. His case is thus required to be treated like any other case where a person may be accused of committing non-bailable offence, punishment for which is neither death nor life imprisonment.
In the approved for reporting judgment Justice JP Singh, after considering the submissions of Adv Sunil Sethi appearing for the applicant and Additional Advocate General PC Sharma appearing for the respondent state, and also referring various judgments of Supreme Court, including the judgment of Bollywood Star Sanjay Dutt, observed that during the course of consideration of plea of the accused for grant or refusal of bail, the Court is required to keep in mind, the nature of accusation, though severity of punishment in case of conviction, the nature of evidence relied upon by the investigating agency, the reasonable apprehension that if, released on bail, the accused would temper with the prosecution evidence, the possibility of accused' fleeing from justice when set to liberty and whether there exists any statutory impediment in considering the release of accused on bail. With this prelude on legal aspect court examined the facts of the case. Applicant's married life with the deceased as it so appears from the challan had gone into rough weather after a short time of about one month of their marriage. Deceased Mega Razdan was soar over applicant's indulging in extra martial affairs, which is stated to be the main cause for the deceased to end her life.
Chatnaya remained initially in Army custody, thereafter in police custody and is now finally in the judicial custody. State counsel has not projected any such case on the basis it may be said that the applicant, who is captain in the Indian Army, is likely to flee from justice or there are reasonable grounds for believing that he would temper with the prosecution evidence when released in bail. Taking over all view of the allegations leveled against the applicant in the challan, in the light of evidence which the prosecution proposes to lead in the case, the provisions of section 306 RPC r/w section 107 RPC and section 498-A RPC which requires the prosecution to prove that applicant's conduct was willful and of such a nature, which was likely to drive his wife Capt Mega Razdan to commit suicide, besides the punishment which is provided for the offences with which the applicant stands charged and principle of law that bail cannot be withheld as a matter of punishment, Court is of the view that applicant has succeeded in making out a case for his release on bail during the trial of case. With these observations Court allowed the bail application of the accused Capt Chatnaya and he is admitted to bail on his furnishing surety bond and personal bond to the tune of Rs 50,000 each to the satisfaction of 3rd Additional Sessions Judge Jammu, undertaking that he would attend the trial regularly and will not, in any manner, whatsoever, came in contact with the prosecution witnesses or otherwise do any such act or omission which impede the trial in the case, Court ordered. JNF |
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