The Allahabad High Court while considering a bail application for the offence under Section 306 IPC has observed that the relationship between logic and experience is important in the context of invoking precedents.

The Bench of Justice Krishan Pahal observed, "The eminent jurist Benjamin N. Cardozo, a former Judge of Supreme Court of America, in his book 'The Nature of the Judicial Process', has stated that the precedents cannot be applied in any given dispute without some element of discretion, for which Judges must take responsibility. He says 'most Judges are inclined to say that what was once thought to be the exception is the rule, and what was the rule is the exception now'. The relationship between logic and experience is important in the context of invoking precedents."

Advocate Ghanshyam Das Mishra appeared for the Applicant, whereas Advocate Ved Prakash Shukla appeared for the Opposite Party.

The brief facts of the case were that the deceased, who was the husband of the informant, was a Marine Engineer and had left his job and started doing the contract job at Prayagraj as his father had fallen ill and was bedridden, but the said money earned used to be transferred to the account of his ailing father, as such his family was dependent on the money being given to them by his father Balram Mishra, who had expired. The deceased who had a five-year-old daughter, was stated to have committed suicide. Based on the suicide note left by him, the wife of the deceased filed an FIR.

The Counsel for the Petitioner argued before the Court that there was no overt act assigned to the applicants and even Section 107 I.P.C. was not attracted in the case as the applicants, who were the ladies, had not abetted the deceased to commit suicide. Further, it was also contended that their reputation in society shall stand tarnished and there is no likelihood of them tampering the evidence as the final report (chargesheet) had already been submitted.

After considering the submission, the Bench quoted an eminent jurist Benjamin N. Cardozo, a former Judge of the Supreme Court of America, who, in his book 'The Nature of the Judicial Process', has stated that the precedents cannot be applied in any given dispute without some element of discretion, for which Judges must take responsibility.

“In the present case, the proclamation under Sections 82 and 83 CrPC was completed on 18.01.2023 itself and a period of more than six months have passed and herein, the deceased has committed suicide within the precincts of the house of the applicants”, added the Bench.

Accordingly, the Bench refused to grant anticipatory bail.

The Bench however made it clear that if the applicants appear before the court and apply for regular bail, their prayer for bail shall be considered and decided in accordance to law as expeditiously as possible.

Cause Title: Kusum Devi and Anr. v. State of U.P and Anr. [Neutral Citation No. 2023: AHC: 170754]

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Allahabad High CourtJustice Krishan Pahal

Pankaj Bajpai