Athaulla. D.B. vs State

A.S. Pachhapure, J.—The Petitioner has approached this Court for bail having been arrested for the offence punishable under Sections 323, 306 and 506 read with 34 IPC.

One Rafeeq bin Hayath is a resident of D.M. Kurke Village. There was a quarrel between Raheem and his wife Noorjan who are the relatives of the complainant. Because of the said quarrel. Noorjan had gone to her parental home. Her parents brought her back to her husband's home who did not entertain them. Thereby, they went to Jamat for settling the dispute and the elderly members of Jamat settled the dispute and sent Noorjan to her husband's home. Later, within 3 days thereafter, her husband's father expired. It is because of this reason that there was a strained relationship between the family of the deceased and the members of the jamat as it is the jamat who had sent Noorjan to her husband's home.

On 10-10-2010 at 11.00 a.m. there was a meeting in the residence of the complainant and at that time there was some quarrel with regard to the decision of jamat and the Petitioner is a member of the said jamat. At that, time, in the quarrel, the Petitioner and others assaulted Khaleel and because of the said assault, he started to run from the place. Petitioner arid others chased him and while running the said Khaleel jumped into the well and died. It is because of this reason that a complaint came to be filed against the Petitioner and others for the abovesaid offences.

The Petitioner submits that he is innocent and he has not committed any offence and that the allegations are not true. There is no motive and that the is ready and willing to abide by any conditions that may be imposed by this Court for his release on bail.

I have heard the learned Counsel for the Petitioner and also the HCGP.

Prima facie, looking into the facts, it appears to be an unfortunate incident and as could be seen from the allegations in the complaint there appears to be no intention on the part of the Petitioner or the persons who were chasing the deceased to cause his death. The rest of the offences are punishable with imprisonment, less than two years and so far as the requirement of the Petitioner for investigation is concerned, as the charge-sheet has been filed, his presence may not be necessary for the Police. So taking into consideration the nature of the offence and the punishment provided, I am of the opinion that this is a fit ease where bail could be granted. In the circumstances I proceed to pass the following:

The petition is allowed. The Petitioner is ordered to be released on bail on his executing a personal bond for a sum of Rs. 25,000-00 with one surety for the like sum to the satisfaction of the Court below with the further following conditions:

(i) The Petitioner shall attend the Court regularly;

(ii) The Petitioner shall not cause any threat, force or coercion to the prosecution witnesses.