The ex-AAP MLA Prakash Jarwal has moved his struggle to the Delhi High Court to seek his freedom against the conviction in February 2024 that he has abetted a doctor to commit suicide. The case dates back to an FIR filed at the Neb Sarai police station in 2020, claiming that Jarwal had conspired with two others to kill Dr. Rajendra Singh, a reputable doctor who was offering water services by tanker.
The petition was first heard by the special division bench headed by Justice Ravinder Dudeja, but at the behest of Senior Advocate N.Hariharan, it was referred to a bench that was already concerned with a similar petition. Hariharan, on behalf of Jarwal, pointed out that there is an outstanding writ petition before the bench of Justice Amit Mahajan, and humbly submissively sought that the High Court transfer the case of Jarwal to that bench where consistency and efficiency would be considered.
Since the hearings still hang on the sentence part, the Rouse Avenue court ordered that the trial court hear no further on the sentence, and the petition of an associate of Kapil Nagar, the petitioner of Justice Mahajan, is still pending before his bench. Meanwhile, the High Court has already acquitted the conviction of another accused, Harish Jarwal, another accused in the same case.
Under charge of abetment to suicide, criminal conspiracy to extort money, and criminal intimidation (Section 506 IPC), Prakash Jarwal and Kapil Nagar were convicted by the Rouse Avenue bench presided over by Special Judge, M.K. Nagpal. Section 506 has a maximum of seven years imprisonment, and the court upheld that the charges were established by the prosecution beyond a reasonable doubt. Harish Jarwal was found guilty of criminal intimidation only.
In the hearing on November 11, 2021, the court presented charges against all three accused on various provisions of the IPC, such as 120 B, 384, 386, 506, 306, and 34. It highlighted the fact that the combination of these sections by statute created a prima facie case against Jarwal and Nagar.
With the High Court examining the appeal, the legal fight now is whether the conviction and sentences can be reversed, or whether the record of evidence is unshaken. Not only will the result of Jarwal and his co-accomplice reveal the future of the case, but it will also leave an impression on how the cases of abetment to suicide will be handled in the Delhi judiciary.
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