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High Court of Punjab and HaryanaCRM-M/19082/2021allowed

Ranjit Kumar Alias Rana v. State Of Punjab

2021-09-13Mr. Justice Suvir Sehgal3 pages

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:13.09.2021 Ranjit Kumar @ Rana ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. G.S.Bhatia, Advocate for the petitioner.

Mr. Prabhjot Singh Walia, AAG, Punjab.

SUVIR SEHGAL, J. (Oral) Heard through video conferencing.

On 17.05.2021, while granting interim protection to the petitioner, this Court passed the following order:- "Matter has been taken up through Video Conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

Petitioner seeks concession of pre-arrest bail in case FIR No.107, dated 26.08.2019, under Sections 306/120-B IPC, registered at Police Station Rahon, District SBS Nagar. Briefly it may be noticed that Jaswant Rai committed suicide

{2} on 26.08.2019. FIR has been registered on the complaint of mother of the deceased. Allegations have been levelled against wife of the deceased as also other members of the in-laws stating that the deceased had been insulted in the presence of the village Sarpanch and that his entire earnings for the last 10 years had been misappropriated by them. Further allegation is that brother-in-law of the deceased, namely, Mintu had slapped him and on account of which the deceased had felt humiliated. It was also the complainant's version that the deceased was feeling depressed as his wife had proceeded to her parental house and had also taken away the children. Insofar as the present petitioner is concerned, he is stated to be the co-brother of the deceased.

No overt or covert act has been attributed to the petitioner so as to fall within the mischief of abetment as defined under Section 107 IPC. It is submitted that the petitioner is ready and willing to join investigation and there is no recovery to be effected from him. It is further submitted that the deceased had not left behind any suicide note.

Notice of motion, returnable for 13.09.2021.

In the meanwhile, petitioner is directed to appear before Investigating Officer and to join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of the

{3} Arresting/Investigating Officer. The petitioner shall join investigation as and when called upon to do so and he shall remain bound by the conditions envisaged under Section 438(2) Cr.P.C."

Learned State counsel, on instructions from ASI Surinderpal Singh submits that the petitioner has joined the investigation and is no longer required for custodial interrogation. He has further instructions to state that the petitioner is not involved in any other criminal case. In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 17.05.2021 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) September 13, 2021 JUDGE savita Whether Speaking/Reasoned Yes Whether Reportable Yes