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High Court of Punjab and HaryanaCRM-M/12592/2020allowed

Vikas Grover v. State Of Punjab

2020-12-15Mr. Justice Harminder Singh Madaan4 pages

CRM-M- 12592 of 2020 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M- 12592 of 2020 (O&M) Date of decision : 15.12.2020 ...

Vikas Grover ................Petitioner vs.

State of Punjab .................Respondent Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Bhawesh Chaudhary, Advocate for the petitioner.

Mr. H.S. Sullar, Deputy Advocate General, Punjab.

...

H. S. Madaan, J. (Oral) Case taken up through video conferencing.

This petition for grant of pre-arrest bail has been filed by petitioner - Vikas Grover, aged about 30 years, son of Prashotam Lal, resident of House No. 457, Waddi Mandi, Tehsil Patti, District Tarn Taran, Punjab, an accused in FIR No. 24 dated 10.2.2020 for offences under Sections 306, 34 IPC, registered at Police Station City Patti, Tehsil Patti, District Tarn Taran.

CRM-M- 12592 of 2020 -2Briefly stated, facts of the case are that since, Priya Grover @ Pinki, w/o petitioner - Vikas Grover, had committed suicide on 9.2.2020, her mother lodged the above mentioned FIR, against the petitioner and his relatives alleging that they had abetted suicide of Priya Grover @ Pinki. However, the deceased had left a suicide note, copy of which has been placed on record as Annexure P-2, which runs as follows:- "

I was sad from myself, whatever I am doing is as per my own wish. No one is involved in this, the only thing is I don't like my life. I love you Ansh, Vicky, Purvi, Always be happy.

Sorry Vicky and kids. "

Though the suicide note is stated to have been sent to the Forensic Science Laboratory, Simla, Himachal Pradesh, but as informed by the State counsel, report from there has not yet been received.

Apprehending his arrest in this case, the petitioner had approached the Court of Sessions at Tarn Taran, by filing an application for grant of pre-arrest bail. His such application was assigned to Additional Sessions Judge, Tarn Taran, who vide order dated 6.5.2020, dismissed that application.

Feeling aggrieved, petitioner - accused Vikas Grover, has approached this Court craving for grant of similar relief. Notice of his such petition has been given to the State.

CRM-M- 12592 of 2020 -3Vide order dated 20.5.2020, while issuing notice of motion to the respondent - State of Punjab, the petitioner was directed to join the investigation by granting him interim bail. The petitioner is stated to have joined the investigation.

Today, the State counsel has submitted that as per instructions from SI Amrik Singh, for the reason that the petitioner has joined the investigation, his custodial interrogation is not required.

Thus keeping in view the facts and circumstances of the case and the fact that the deceased in the suicide note left by her has not put any blame on the petitioner for forcing her to commit suicide and in view of the statement made by the State counsel, that custodial interrogation of the petitioner is not required, the petition is accepted and the interim bail granted to the petitioner vide order dated 20.5.2020 is made absolute, subject to fulfillment of following conditions:- i) that the petitioner shall join the investigation as and when asked to do so by the Investigating Officer.

ii)that the petitioner shall not give any threat or intimidation to the prosecution witnesses.

iii)that the petitioner shall not leave India without the prior permission of the Court.

iv)that the petitioner shall surrender his passport before the Investigating Officer and if he is not having passport then he shall file an affidavit in that regard.

CRM-M- 12592 of 2020 -4In case the petitioner violates any term and condition on which the bail has been granted to him, the prosecution would be entitled to apply for cancellation of bail.

However, nothing discussed above shall have any bearing on the merits of the case.

( H.S. Madaan ) 15.12.2020 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No