High Court of Punjab and HaryanaCRM-M/41184/2016disposed of

Sohan Lal And ANR v. State Of Punjab

2016-12-21Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-41184 of 2016 Date of decision : December 21, 2016 Sohan Lal and another ....Petitioners versus State of Punjab ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. JS Toor, Advocate, for the petitioner Mr. J.S.Brar, AAG, Punjab, for the respondent Fateh Deep Singh, J. (Oral) The allegations against petitioners Sohan Lal and Shiv Kumar, both brothers, in this regular bail application under section 439 Cr.P.C. are that they happened to be the tenants of deceased Satpal and in respect of tenanted premises a civil dispute has ensued between the parties which was pending in a court of law. It is alleged that three days prior to the death of the deceased which took place on 26.7.2016, the petitioners had threatened the deceased to do whatever he may feel like and even may die. The contentions of the counsel for the petitioners Mr.

Toor are that mere reading of the statement of complainant Ashish Dhiman son of the deceased does not bring about any allegations of abetment to suicide and there is no semblance of evidence connecting the petitioners with the commission of offence. Even finding on the writing as to be the alleged suicide note is not conclusive. The factual scenario is not disputed by the Dalbir Singh Tiwana 2016.12.22 15:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-41184 of 2016 -2learned State counsel including the averments made by counsel for the petitioner that the petitioners are in custody since 27.7.2016. Keeping in view that the very attraction of offence under section 306 IPC being a debatable issue and that the trial is not likely to be concluded in near future and no purpose will be served by detaining the petitioners in jail, without adverting to the merits of the case, the instant application is allowed. Bail to both the petitioners to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Shaheed Bhagart Singh Nagar.

The present petition stands disposed off accordingly. ( Fateh Deep Singh ) December 21, 2016 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2016.12.22 15:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.