Raj Kumar v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
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%&'$'&(#&)# Present :
Mr. Sant Pal S. Sidhu, Advocate for the Petitioner.
Mr. Amit Aggarwal, Dy. Advocate General, Haryana for the Respondent/State.
Mr. Yash Dev Kaushik, Advocate for the Complainant.
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Reply/Status Report on behalf of the Respondent/State by way of Affidavit of Assistant Commissioner of Police, Sarai, District Faridabad, along with Documents (Annexures R-1 to R-5) has been sent up through e-mail, today; Be kept on record.
3.
This matter had been heard extensively on the last date (16th July, 2020). It was specifically noted in the previous order that the Suicide
CRM-M No.18963 of 2020 -2Note left behind by the deceased, had named four persons as "the gang" of culprits. But apart from the Petitioner, the other three culprits specifically named in the Suicide Note, i.e., Goldy, Sipla and Mahendri were found to be innocent by the Police Authorities after inquiry/investigation. 4.
This Court, therefore, observed inter alia - "To this Court, it is not clear how the standing of the present Petitioner is on a different footing from those already found innocent when all four were mentioned as the culprits in the Suicide Note. It is also not clear as to what is the positive act, representation or instigation imputable to the Petitioner, which could have resulted in compelling the deceased to resort to committing suicide, nor is it clear when such instigation, if at all, did take place since the Suicide Note itself is found to be undated.
Faced with this, Ld. Counsel for the State as well as the Complainant seek a short adjournment of proceedings to satisfy this Court that sufficient ingredients exist to the effect that there was any actual act of instigation on the part of the Petitioner or for that matter, any other of the culprits named in the Suicide Note, shortly before the deceased allegedly consumed poisonous substance, which would render them liable under Section 306 of the IPC."
5.
But in the Reply/Status Report filed on behalf of the State today, there is clearly no indication whatsoever of any material to the effect that there was any actual act of instigation on the part of the Petitioner or any other person, which could have induced the deceased to kill himself, and even the Suicide Note so recovered, does not mention about any threat or other act which impelled the Author to resort to such an extreme step.
CRM-M No.18963 of 2020 -36.
In such circumstances, this Court is inclined to grant the relief of Anticipatory Bail to the Petitioner for want of any tangible material which could substantiate the alleged theory of Complainant about the Victim having been "instigated" or otherwise forced to commit suicide at any reasonably short period of time before he consumed the poisonous substance.
7.
Consequently, the interim protection granted to the Petitioner on the last date is hereby made absolute.
8.
Accordingly, in the event of arrest, the Petitioner is ordered to be released on bail to the satisfaction of the Arresting Officer till submission of report under Section 173 Cr.P.C. (Challan). He shall continue to join investigation and shall furnish an undertaking that he shall abide by the conditions specified under Section 438(2) Cr.P.C.. Thereafter, the Petitioner will be permitted to furnish bail bonds to the satisfaction of the Ld. Trial Court.
9.
Disposed off.
July 29, 2020 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No