The Supreme Court on Wednesday refused to entertain a plea seeking cancellation of bail of AAP MLA Prakash Jarwal in connection with the alleged suicide of a doctor in south Delhi in April.
A bench of Justices R. Banumathi, Ajay Rastogi & Aniruddha Bose disposed off the plea filed by the deceased doctor's son and granted liberty to the family to move the appropriate court for cancellation of bail.
Court further 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."
Jarwal was granted bail by the Delhi High Court to on June 24.
The Court noted that since Jarwal was already on bail, proper remedy at this juncture was elsewhere and not the Top Court.
Further to this, the bench noted that if any condition of bail already is violated, the Petitioner(s) may seek its cancellation.
On June 24, the Delhi High Court Single Judge bench of Justice Suresh Kumar Kait had granted bail to AAP MLA Prakash Jarwal in connection with the alleged suicide of a doctor in south Delhi in April.
The bail had been granted on a personal bond of Rs 25,000. The court directed Jarwal not to contact or influence the prosecution witnesses in any manner.
'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.'
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.'
Dr. Rajendra Singh, allegedly committed suicide in Durga Vihar in South Delhi on April 18. In his suicide note, Singh had held Jarwal responsible for his death.
Jarwal, an AAP MLA at Deoli assembly constituency was arrested on May 9 after a case of abetment to suicide and extortion was registered against him.