Assumption & Suspicion Without Any Admissible Proof Cannot Form Basis For Cancellation Of Bail: Telangana HC
|The Telangana High Court observed that cancellation of bail cannot be on the basis of mere assumption and suspicion.
The Court dismissed a Petition seeking cancellation of bail of one of the Accused Individuals suspected of mixing arsenic in chilli powder causing illnesses and hospitalization of the Complainant.
The Bench of Justice K. Surender observed, “Genesis of the complaint is suspicion against the accused. Assumption and suspicion without any admissible proof cannot form basis for incarceration by cancelling bail”.
Senior Advocate B. Rachana Reddy appeared for the Petitioner and Advocate C. Sharan Reddy appeared for the Respondent.
The Petitioner acting as the defacto complainant approached the High Court seeking the cancellation of bail granted to the Second Respondent in a case involving offences under Sections 302, 307, 498-A, 120-b and 34 of the Indian Penal Code, 1860 (IPC), and the bail was granted through an order.
The Petitioner alleged that the family members, including the mother, were poisoned with arsenic leading to their illnesses and hospitalization. The suspicion arises from the attempt by Accused Individuals who injected succinyl choline into the father's neck. The Petitioner suspected Accused no 1 and Accused no 6 had mixed arsenic in chilli powder during Accused no 1’s visit to India, as they were the only ones with access to the locked flat. The Court, through an order granted bail to the 2nd respondent (A6).
The Court noted that the police were investigating the case including collecting medical reports, recording statements, and confessions of the accused. The Bench noted that the complaint was primarily based on the suspicion that the Accused Individuals had mixed arsenic poison. However, the Court observed that there is no evidence to show that the Second respondent purchased any substance containing arsenic poison. The Court held that suspicion alone cannot be the basis for cancelling bail without admissible proof.
Accordingly, the Court dismissed the Petition.
Cause Title: Muttavarapu Sirisha v The State of Telangana