High Court of Punjab and HaryanaCRM-M/6199/2022allowed

Satnam Singh And ANR v. State Of Punjab

2022-09-29Mr. Justice Karamjit Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-29.09.2022 SATNAM SINGH AND ANR ... Petitioner(s)

Versus

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

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH -.- Present:- Mr. Raman B.Garg, Advocate for the petitioners.

Mr. Chaman Lal Pawar, Addl. A.G. Punjab.

Mr. Rishab Singla, Advocate for the complainant.

-.- KARAMJIT SINGH , J. (Oral) Prayer is for grant of anticipatory bail in case having FIR No.5 dated 13.1.2022 registered under Section 306 IPC at Police Station Bhogpur, District Jalandhar.

Counsel for the petitioners submits that petitioner No.1-Satnam Singh is uncle of Gurvinder Kaur, who got married with deceased Jasvir Singh on 15.4.2018. The counsel for the petitioners further submitted that

( 2 ) said Jasvir Singh committed suicide on 16.6.2022 by hanging himself and that the present FIR was got registered by the father of deceased 13.1.2022. the counsel for the petitioners further submits that immediately after the death of Jasvir Singh, his father reported to the police that his son Jasvir Singh who was serving in Indian Army, used to consume liquor and was suffering from depression and as such committed suicide and that no one is responsible for the death of his son. The counsel for the petitioners further submits that subsequently father of Jasvir Singh started alleging that one suicide note was recovered in which the deceased stated that his wife Gurvinder Kaur, her parents and brothers and the present petitioners were responsible for his death.

The counsel for the petitioners further submits that the petitioners never harassed or ill-treated the deceased in any manner and they never incited or abetted the petitioner to commit suicide. The counsel for the petitioners further submits that the petitioners have already joined investigation with the police by virtue of order of interim bail dated 14.2.2022 passed by the Coordinate Bench of this Court. The present petition is resisted by the State counsel and the counsel for the complainant. The State counsel as well as the counsel for the complainant submitted that as per the suicide note left behind by the deceased, both the petitioners were also responsible for his death. State counsel on instructions from ASI Sukhwant Singh has not refuted the fact that the both the petitioners have joined investigation with the police.

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

( 3 ) Jasvir Singh committed suicide on 16.6.2020 and immediately thereafter his father reported to the police and at that time he also stated that no one is responsible for the death of his son. Thereafter in September, 2020 the father of Jasvir Singh approached the police and produced suicide note alleged to be that of the deceased in which the deceased has stated that his wife, in-laws and the present petitioners are responsible for his death as they used to harass him. Admittedly, petitioner No.1 is uncle of the wife of the deceased whereas petitioner No.2 is son of petitioner No.1. Prior to the present incident, no complaint was ever lodged by the deceased or his father with regard to alleged harassment of the deceased by the petitioners. Further it is a matter of evidence as to whether the petitioners ever intended that the deceased should commit suicide. The petitioners have already joined investigation with the police and nothing remains to be recovered from them.

In view of the above, without commenting on the merits of the case, the present petition is hereby allowed and order dated 14.02.2022 is hereby made absolute. The petitioners should abide by the conditions envisaged under Section 438(2) Cr.P.C.

( KARAMJIT SINGH) 29.09.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No