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High Court of Punjab and HaryanaCRM-M/25927/2015disposed of

Ajay Kumar @ Rinku And ORS v. State Of Punjab

2015-09-07Mr Justice Rakesh Kumar Jain3 pages

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 07.09.2015 Ajay Kumar @ Rinku and others .......Petitioners

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Bipan Ghai, Senior Advocate with Mr. V.S. Virk, Advocate, for the petitioners. Mr. R.P.S. Sidhu, AAG, Punjab.

Ms. Gurpreet Kaur, Advocate, for the complainant.

SABINA, J Petitioners have filed this petition under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in FIR No.124 dated 23.07.2015, under Sections 306 and 34 of Indian Penal Code, 1860 ('IPC' for short), registered at Police Station Morinda, District Roopnagar.

Prosecution story, in brief, is that Rajesh Kumar father of the complainant had got employment at Petrol Pump of Vijay Kumar Tinku, FIR No.29 dated 26.02.2015 was registered at Police Station Morinda, under Sections 408 and 120-B, IPC, against the father of the complainant. Vijay

[2] Kumar Tinku, Rinku, Raj Kumar and Vikram Batta used to pressurize the father of the complainant to return the money. On 22.07.2015, accused had a quarrel with the brother of the complainant Varun Sharma. On the said date at about 8:00 P.M. complainant received a call from his brother Varun Sharma that the accused had abused him and due to this reason, he was going to jump in the canal. Varun Sharma committed suicide by jumping in the canal.

Learned Senior counsel for the petitioners has submitted that at the instance of the petitioners FIR had already been registered against the father of the complainant. There was no occasion for the petitioners to have threatened the complainant party. As per the suicide note left by the deceased he had committed suicide on account of registration of the case against his father and not due to any harassment meted out to him by the accused. Petitioners could not be said to have abetted the offence of abatement of suicide by Varun Sharma as they had merely taken recourse to law by lodging an FIR against the father of the deceased qua misappropriation committed by him. The present FIR has been lodged against the petitioners to pressurize them in the case got registered by them against the father of the deceased. Following order was passed by this Court on 13.08.2015:-

[3] "List again on 07.09.2015.

In the meantime, in the event of arrest, petitioners be admitted to interim bail subject to the satisfaction of the Arresting Officer. Petitioners shall abide by the conditions envisaged under Section 438

(2) of the Code of Criminal Procedure, 1973." Learned counsel for the complainant has opposed the petition.

Learned State counsel who is assisted by Inspector Inderjeet Singh has submitted that the petitioners have joined investigation and is not required for further investigation.

Keeping in view the facts and circumstances of the present case and the fact that the petitioners have joined investigation and are not required for further investigation, it would be just and expedient to confirm the interim bail granted by this Court.

Accordingly, interim bail granted to the petitioners by this Court vide order dated 13.08.2015, is made absolute. Petition stands disposed of accordingly.

September 07, 2015 (SABINA) kapil JUDGE