2012 (12) TMI 1241 - HC - Indian Laws

Summary

Issues Involved:
1. Entitlement to bail u/s 437 CrPC for a woman.
2. Allegations of abetment to suicide u/s 306 IPC.
3. Consideration of the petitioner's family circumstances.
4. Role of the petitioner in the alleged conspiracy and forgery.
5. Impact of the suicide notes and statements on bail decision.

Summary:

Entitlement to Bail u/s 437 CrPC for a Woman:
The petitioner argued for bail based on the proviso to Section 437 CrPC, citing her status as a woman, her role as a single parent, and her ailing parents. The court noted that the proviso to Section 437 CrPC is not mandatory and emphasized that the nature and gravity of the offense, the potential for tampering with evidence, and the larger public interest must be considered. The court referenced *Chandrawati vs. State of U.P.* and *Pratapbhai Hamirbhai Solanki vs. State of Gujarat and Anr.*, underscoring that the seriousness of the offense and the potential for societal impact outweigh the procedural privilege of bail.

Allegations of Abetment to Suicide u/s 306 IPC:
The petitioner was implicated in the suicide of Geetika Sharma through two suicide notes and statements from witnesses. The court highlighted that the petitioner was accused of creating circumstances that led to the deceased's extreme step, supported by the contents of the suicide notes and the statements of the deceased's family members. The court referenced *Praveen Pradhan vs. State of Uttaranchal & Anr.*, noting that instigation can be inferred from circumstances even without direct evidence.

Consideration of the Petitioner's Family Circumstances:
While the petitioner argued her need to care for her daughter and parents, the court observed that these circumstances do not automatically entitle her to bail. The court cited *Kalyan Chandra Sarkar vs. Rajesh Ranjan*, stating that the period of incarceration alone does not justify bail if the offense's gravity is severe.

Role of the Petitioner in the Alleged Conspiracy and Forgery:
The court examined the petitioner's involvement in alleged forgery and conspiracy to harass the deceased, including creating a fake NOC and pressuring the deceased to return from Dubai. The court found that the petitioner's actions, as described in the statements and the suicide notes, indicated a significant role in the harassment that led to the deceased's suicide.

Impact of the Suicide Notes and Statements on Bail Decision:
The court considered the suicide notes and the statements of the deceased's family, which implicated the petitioner in continuous harassment and pressure on the deceased. The court concluded that these allegations, coupled with the petitioner's actions, were serious enough to deny bail.

Conclusion:
The court dismissed the bail application, emphasizing the severity of the allegations and the potential for the petitioner to tamper with evidence or influence witnesses. The decision was made with the understanding that the observations were for the purpose of the bail application and would not prejudice the trial's outcome.