Dharminder Verma v. State Of Punjab

Sr. No.217

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-18251 of 2020 (O&M) DATE OF DECISION : 02.09.2020 Dharminder Verma

...Petitioner

Versus

State of Punjab

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Arjun Grover, Advocate, for the petitioner.

Mr. Luvinder Sofat, AAG Punjab.

(Presence marked through video conference) ARUN MONGA, J. (ORAL) 1.

Petitioner seeks regular bail in FIR No. 86 dated 27.04.2019, registered under Section 306 IPC, Police Station Phase-I, SAS Nagar, Mohali.

2.

FIR in the case has been registered on the statement of one Chinmoy Mandal, informing about suicide committed by a female employee working in his factory. She had set herself ablaze in the factory premises by pouring turpentine thinner upon her. He also stated in the complaint that the deceased was having a love affair with one co-worker Dharminder i.e. present petitioner. The complainant also handed over a suicide note recovered from the purse of the deceased. In the suicide note the deceased narrated her ordeal on account of having been betrayed by the petitioner as

he concealed the factum of his previous marriage and yet married her, developed relations but when she got pregnant, he deserted her. 3.

Learned counsel for the petitioner submits that petitioner is in custody since 29.04.2019. The witnesses examined so far, including complainant and others, have deviated from their initial version given to the police. He submits that presently there is no headway in the trial due to Covid-19 pandemic and no useful purpose would be served by keeping the petitioner in custody any more.

4.

On the other hand, learned State counsel opposes bail plea. He submits that prior to committing suicide, deceased had left a detailed 22 pages hand written note. As per report of FSL, the handwriting thereupon matches with the handwriting of the deceased. According to him, the petitioner drove the deceased to such an extreme so as to take drastic step of ending her life by setting herself ablaze.

5.

A perusal of suicide note reveals the vividness of hurt and betrayal caused by petitioner by concealing his previous marriage and on top of it impregnating the deceased. In her suicide note, the deceased, who was three months pregnant at the time, has also alleged an earlier suspected murder of her minor son by the petitioner. Said earlier minor son was allegedly born out of the illegal wedlock/love affair with the petitioner. So far as contention of counsel for petitioner that witnesses have deviated from their previous statements given to the police, the veracity thereof would be adjudged by the trial court. Considering the gravity and seriousness of the offence allegedly committed by the petitioner, no ground is made out to grant him benefit of regular bail as possibility of his absconding and

influencing the witnesses can not be ruled out at this stage. Accordingly, the petition is dismissed.

(ARUN MONGA) September 02, 2020 JUDGE Jiten Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No