High Court of Punjab and HaryanaCRM-M/2250/2025disposed of

Sandhya Das And ANR v. State Of Ut Chandigarh

2025-02-15Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 15.02.2025 Sandhya Das and another ....Petitioners

Versus

State of U.T., Chandigarh ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Ranvir Singh Arya, Advocate for the petitioners.

Mr. P.S. Paul, APP, U.T., Chandigarh.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023 seeking anticipatory bail to the petitioners in case FIR No.89 dated 13.06.2023 under Sections 306 & 120-B of the Indian Penal Code, 1860, registered at Police Station Sector-31, Chandigarh. 2.

On 17.01.2025, the following order was passed:- "XX XX XX XX Learned counsel for the petitioners, inter alia, contends that wife of the deceased has already approached this Court by way of filing CRM-M55689-2024 and she was granted the concession of interim anticipatory bail on 08.11.2024. It is further contended that the deceased committed suicide, while he was posted in Chandigarh, whereas the petitioners are residents of West Bengal and FIR (supra) has been registered by brother-in-law of the deceased. Even if all the allegations made in the FIR (supra) are taken to be correct, still then, no case of

abetment to commit suicide is made out against the petitioners.

Notice of motion for 15.02.2025.

Keeping in view the ratio of law enunciated by the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioners are directed to appear before Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioners will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer.

The petitioners shall cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS [erstwhile Section 438(2) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')] If the Arresting Officer does not permit the petitioners to join the investigation, they would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioners in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law."

Learned State counsel, on instructions from SI Jaswinder Singh, at the very outset, informs the Court that the petitioners have joined the investigation and their custodial interrogation is not required. 4.

In view of the statement of learned State counsel, order dated 17.01.2025 is hereby made absolute. The petitioners shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). 5.

The petition stands disposed of.

(HARPREET SINGH BRAR) JUDGE 15.02.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No