Doctor's Suicide Case: Delhi HC Grants Bail To AAP MLA Prakash Jarwal [Read Order]

While directing the accused to furnish a personal bond of ₹25,000 along with a surety of the like amount, the Single Bench of Justice Suresh Kumar Kait noted that Jarwal is no more required for further investigation and trial will take substantial time.

The court also took note of the fact that the co-accused in the case, Anil Jarwal, who is Prakash Jarwal's brother, has already been granted anticipatory bail by the trial court.

Prakash Jarwal was arrested by Delhi Police after he was named in the note recovered from a doctor in Delhi who committed suicide. Jarwal has been in custody since May 09.

The court observed that:

'There were no allegations against petitioner in the 'Suicide Note' and 'Diary' recovered by the police. Thus, it seems, there is no proximity and link in 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.'

Senior Advocate Rebecca M John, who appeared for Jarwal, submitted that the alleged suicide note is fabricated and the same is in two different hand writing with different pens. The name of the Petitioner has been written with different pen which does not bear the signature of the deceased on the second portion of the suicide note.

Ms John further submitted that the Delhi Jal Board had disengaged 9 water tankers which were running in the name of the deceased and his family members because he was caught red handed in the black marketing of the water tankers in a sting operation.

Countering these arguments, the state submitted that all water tankers running in the constituency (Deoli, Khanpur, Sangam Vihar, Tigri) of MLA Prakash Jarwal were pressurized to pay extortion money to MLA Prakash Jarwal. The money was collected by his associate namely Kapil Nagar and Harish Jarwal and others.

It was further submitted by the state that there is a nexus of Tanker Mafias run by MLA Prakash Jarwal with the help of his associates Kapil Nagar,

Harish Jarwal and others. They have full control over operating the water tankers for supply of water to public in the area of Deoli and Sangam Vihar, because the Petitioner was a Member of Delhi Jal Board.

The court took into consideration the fact that the deceased and his family members have been plying water tanker since 2006, but no complaint has ever made for extortion or harassment against petitioner or his alleged associates to any authority.

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.'

Prakash Jarwal in this case was represented by Senior Advocate Rebecca M John along with Advocates Ravi Drall, Megha Bahl and Maulshree Pathak.

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