The Supreme Court received a Petition. The Petition sought cancellation of the bail granted to the MLA of AAP Prakash Jarwa.
Facts of the Case
On 24th June 2020, High Court of Delhi granted bail to AAP MLA Prakash Jarwal. He is under the direction to not contact or influence any witnesses of the prosecution. The granting of Bail was on a personal bond of Rs. 25,000.
On 18th April 2020, 52-year-old doctor Rajendra Singh committed suicide by hanging himself in his house. Allegation against MLA Prakash Jarwal is of abetting suicide of late Dr Rajendra Singh. He held the MLA responsible for his death in his suicide note.
The Police Complaint states that late Dr Rajendra had supplied water tankers to the Delhi Jal Board. The Accused demanded money from the deceased for damages caused. Due to the non-fulfilment of damages, the Accused did not clear the victim’s payment.
Court’s Observation
A 3 Judge Bench heard the matter. It comprised of Justice R. Banumathi, Justice Ajay Rastogi and Justice Aniruddha. The Bench observed that-
“There were no allegations against Petitioner in the ‘Suicide Note’ and ‘Diary’ recovered by the police. This, it seems, there is no proximity and link in the alleged commission of offence. Moreover, regarding allegations of extortion of money for Delhi Assembly Election held in February 2020 from all tanker owners were not complained by family members of deceased or any other tanker owner, however, made only in ‘Dairy’ and ‘Suicide Note’, some of which are without signature and in different handwriting.”
The Hon’ble Court also observed that dealing between the victim and accused is taking place since 2006. In the past, there were no complaints made against accused of extortion or harassment.
Therefore, the Court further observed that- “Regarding allegations of stoppage of payments of deceased and his family, in reply to RTI application made on 27-04-2020, it is categorically stated by DJB that their payments never stopped and around Rs.62 lakhs paid to them from January 2019 to January 2020.”
Court’s Decision
The Hon’ble Court disposed of the plea. Further, the family could go to the appropriate Court for cancellation of Bail.
The Bench lastly stated that — “It is made clear that during the trial, the trial Judge-Learned Sessions Judge may not be influenced by any of the views made in the impugned order by the High Court.”
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