Gurmeet Singh & ANR v. State Of Punjab
TAPINDER SINGH MANN 2016.03.21 14:39 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Date of decision:- 18.3.2016 Gurmeet Singh and anr Petitioners vs.
State of Punjab Respondent
Present:
Mr. HS Brar, Advocate.
Ms. HK Athwal, DAG, Punjab M.M.S.BEDI,J.
The petitioners seek the concession of pre-arrest bail in a case registered at the instance of Bawa Singh, father of Gurpreeet Singh, alleging that Gurpreet Singh was married to petitioner No.2 about 6 months before this death. Petitioner No.1 happens to be brother-in-law of the deceased. As per the allegations of the prosecution, petitioner No.2 on account of matrimonial dispute with Gurpreet Singh deceased had gone to her parents house on 15.3.2015. On 31.3.2015, on asking of petitioner No.2, deceased Gurpreet Singh had gone to his in-laws house to take petitioner No.2 back, where petitioner No.2 and her family members had allegedly misbehaved with him, as a result of which he returned back to his house and narrated the entire story to the complainant. He had allegedly left his house on 1.4.2015 and his dead body was later found from a canal.
Counsel for the petitioners submits that co-accused of the petitioners i.e. their parents have been granted the concession of pre-arrest
bail on 25.2.2016. It has been argued that offence of abetment is not made out qua the petitioners and that the petitioners could not be attributed any motive to abet the suicide as petitioner No.2 had married the deceased few months prior to the occurrence.
I have heard counsel for the parties. There are general allegations against all the family members of petitioner No.2 Manpreet Kaur. A perusal of the police file indicates that petitioner No.2 and the deceased had been separated by parents of the petitioner No.2. Petitioner No.2 was the best person to be aware of the nature and psyche of the deceased. There are serious allegations against petitioner No.2 of having left the matrimonial home and joined hands with her family members in humiliating the deceased. Petitioner No.1 Gurmeet Singh can seek parity with his parents in order to get the concession of pre-arrest bail. Petitioner No.1, who is real brother of petitioner No.2, can be granted the concession of pre-arrest bail on account of non availability of any specific allegations against him at this stage.
Accordingly, the petition qua petitioner No.1 Gurmeet Singh is allowed and it is ordered that in case of his arrest , he will be released on bail to the satisfaction of the arresting officer subject to the condition that he will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. So far as petitioner No.2 is concerned, it will not be appropriate at this stage to enter into the niceties of the trial to determine whether her acts could fall under the definition of Section 107 IPC for constituting offence of abetment. The arguments raised on behalf of petitioner No.2
may constitute a good ground for grant of regular bail but no extra ordinary exceptional circumstances exist to grant the concession of pre-arrest bail to her. Petition on behalf of petitioner No.2 is dismissed. March 18 ,2016 ( M.M.S.BEDI ) TSM JUDGE