STATE TIMES NEWS
JAMMU: Justice Janak Raj Kotwal of J and K High Court Jammu Wing on Monday dismissed a petition filed for dismissal of bail to respondents by a Magistrate in abetment to Suicide case.
The petition was filed by Prabhat Singh, father of the deceased Mohan Singh Salathia.
According to case, Mohan is said to have committed suicide by hanging himself to death on 14th September 2014. After inquest proceedings under Section 174 Cr.P.C. Police Station Domana registered offence under Section 306 RPC as FIR No. 366/14 against respondents and took up the investigation. All the respondents were arrested on 4th October 2014. On the same day, however, application for bail on their behalf was filed in the Court of Judicial Magistrate (Sub-Registrar), Jammu and the Magistrate ordered their release on interim bail. State filed objections to the application and also provided detailed report about the incident to the Magistrate and the Magistrate vide order passed on 20th October 2014 confirmed the interim bail with a direction that respondents shall not tamper/hamper the investigation or try to win over prosecution witnesses and shall assist the Investigating Officer in the investigation. The same was challenged in the High Court.
Justice Janak Raj Kotwal after hearing Senior Advocate B.S Salathia for the petitioner whereas Advocate Aseem Sawhney for the private respondents observed that a ground for cancellation of bail granted to respondent certainly is not made out and it can be said that no such ground even has been alleged. “To say that one of the respondents being a judicial employee is influencing investigation, without explaining in what manner and how she exercised her influence, is too scanty to make out a ground for cancellation of bail. Such a ground or any other ground sufficient to seek cancellation of the bail can be well raised by the investigating officer of the case. No case for cancellation of the bail, therefore, is made out”, the Court observed.
It was further observed that given the nature of allegations, justice would be served by properly investigating the case and arriving at a well-considered conclusion by the investigating officer and not by keeping the respondents in custody during investigation. With these observations Court dismissed the petition. JNF
