Baldev Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-29.07.2022 BALDEV SINGH ... Petitioner(s)

Versus

STATE OF PUNJAB ... Respondent(s) -.-

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH -.- Present:- Mr. Rahul Bhargava, Advocate for the petitioner.

Ms. Samina Dhir, DAG, Punjab.

-.- KARAMJIT SINGH , J. (Oral) Prayer is for grant of anticipatory bail in case having FIR No.337 dated 14.12.2021 registered under Sections 306/34 IPC at Police Station Phillaur, District Jalandhar.

Counsel for the petitioner contends that the petitioner has been falsely implicated in this case, he being the father-in-law of deceased Jatinder Singh, who committed suicide on 13.12.2021 by consuming poisonous tablets. The counsel for the petitioner further contends that there was matrimonial dispute between his daughter Navjot Kaur and her husband

( 2 ) Jatinder Singh. The counsel for the petitioner further submits that actually Jatinder Singh used to harass his wife Navjot Kaur without any reason and finally she was compelled to leave the matrimonial home and that prior to the present incident the dispute was settled and petition under Section 13-B of Hindu Marriage Act was filed jointly by the deceased and Navjot Kaur and in the said proceedings the deceased agreed that the daughter of the couple would remain in the custody of Navjot Kaur and that Jatinder Singh would transfer a plot in the name of his daughter. The counsel for the petitioner further contends that the petitioner never incited and abetted Jatinder Singh. The counsel for the petitioner further submit that the petitioner has joined investigation with the police in the light of the order of interim bail.

The counsel for the petitioner further submits that now the matter has been compromised between the parties and the copy of compromise deed dated 26.7.2022 is placed on record. On the other hand, the present petition is contested by the State counsel who submitted that Jatinder Singh was having matrimonial dispute with his wife Navjot Kaur and said Jatinder Singh committed suicide on 13.12.2021 and before doing so, he left behind suicide note in which he clearly blamed the petitioner, Navjot Kaur, Manjit Kaur, Anil Kumar and Dhanjay Kumar for his death. The State counsel further submits that petitioner has joined the investigation and on instructions from SI Baljit Singh submits that now the petitioner is not required by the police for any purpose.

I have considered the submissions made by counsel for the parties.

( 3 ) Admittedly there was marital discord between Jatinder Singh and Navjot Kaur daughter of the petitioner and they were living separately and divorcee proceedings between them were going on, when Jatinder Singh committed suicide. It is a matter of evidence as to whether the petitioner ever intended that the deceased should commit suicide. In case, the deceased was harassed or humiliated by any person, he should have taken legal recourse. Further in the present case, the petitioner has already joined the investigation and now he is not required by the police for the purpose of further investigation or custodial interrogation. Also as has been stated by the counsel for the petitioner, it appears that some compromise has been effected between the parties.

In view of the above, this Court is of the view that no purpose is going to be served even if petitioner is subjected to custodial interrogation, at this stage. Thus without commenting on the merits of the case, present petition is allowed and order dated 10.1.2022 is hereby made absolute. The petitioner should abide by the conditions envisaged under Section 438(2) Cr.P.C.

( KARAMJIT SINGH) 29.07.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No