Supreme Court: In a criminal appeal against the Punjab and Haryana High Court’s decision, whereby the anticipatory bail application of the accused-wife for offence under Section 306 of the Penal Code, 1860 (‘IPC’) was dismissed, the Division Bench of Bela M. Trivedi and Prasanna B. Varale, JJ. allowed the plea for anticipatory bail noting that the accused-wife had joined the investigation and that she was not required for further investigation.
Background
The present accused- wife and her husband (deceased) had about one and a half year of marriage. As per the complainant, the couple had one daughter from the wedlock who was aged about six months at the time of the incident. A few days after the marriage, the couple started quarrelling with each other and the wife used to call her parents and brother on the smallest of issues. A few months before the incident, the in-laws of the deceased came to settle the dispute, but no decision was arrived at and they took away accused-wife and her daughter to their village on account of which the deceased was upset. On 13-02-2023, he consumed a poisonous substance and committed suicide.
The High Court in the impugned decision, dismissed the application for pre-arrest bail opinion that as to whether the accused-wife was guilty or not, shall be determined at the stage of trial. The High Court said that no doubt, she was living in her parental house for the last 5-6 months before her husband committed suicide, however, the manner in which the statement given by the deceased to ASI shortly before his death may be considered as a dying declaration. The reasons for the same shall be determined by the police in its own inquiry.
Analysis and Decision
The Court noted that the accused-wife had joined the investigation pursuant to the Court’s order passed on 21-10-2024. The Court also noted that the accused received a letter from the Investigating Officer stating that no more custodial interrogation of the accused was required in the case. Given the same, the Court allowed the appeal and directed that in the event of the arrest, she shall be released on bail, if not required in any other case, on such terms and conditions that may be imposed or deemed fit by the Trial Court.
The Court permitted the State to file appropriate application seeking cancellation of bail in case any of the conditions, that may be imposed by the Trial Court, are violated or breached by the appellant.
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