Mohan Singh v. The State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM No.M-26233 of 2021 (O&M) Date of Decision: July 19, 2021 Mohan Singh
...Petitioner
VERSUS
The State of Punjab
...Respondent
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI
Present:
Mr.Charanpreet Singh, Advocate, for the petitioner.
**** ARCHANA PURI, J.
The matter has been taken up through video conferencing in the light of the pandemic COVID-19 situation.
The petitioner has filed this second petition under Section 439 Cr.P.C. for seeking regular bail in case bearing FIR No.233 dated 18.12.2020 under Sections 306, 120-B, 506 and 201 IPC, Police Station Mataur, District SAS Nagar (Mohali).
Notice of motion.
Mr.H.S.Sullar, Deputy Advocate General, Punjab, accepts notice on behalf of the respondent-State. Custody certificate of the petitioner has been sent through E-mail, hardcopy whereof, has been placed on record.
The aforesaid case was registered at the instance of Bikram Singh s/o Surmukh Singh, who is brother of deceased Bahadaur Singh. As
-2per version of the prosecution, Bahadur Singh (deceased) was married to Manmeet Kaur. They were having two children, aged about 14 years and 6 years. Both Bahadur Singh and his wife had gone to Australia. After staying there for three years, they had returned back to India. Thereafter, Manmeet Kaur started quarelling with her in-laws' and her husband, on account of which, she along with her husband and children, started living separate from family of her in-laws. Manmeet Kaur and her family members used to quarrel with Bahadur Singh (deceased). Manmeet Kaur had illicit relations with one Jaswinder Singh @ Jassi. When objection was raised by her husband to this relationship, she proclaimed that she will reside with Jaswinder Singh @ Jassi only.
Even, Bahadur Singh had disclosed to his father-in-law Mohan Singh, mother-in-law Surinder Kaur, maternal uncle Bittu, Harpreet Kaur, cousin of Manmeet Kaur and her husband Vikram Singh and they had apprised him that Manmeet Kaur shall stay with Jaswinder Singh @ Jassi and also threatened not to spare him, in case, he raises this issue. On 17.12.2020, Bahadur Singh had informed the complainant on phone, who is brother of the deceased that he has taken some poisonous substance and he is about to die. Soon thereafter, the complainant had reached the house of his brother, where he was lying unconscious. However, during his treatment in the hospital, Bahadur Singh had died on the next day.
Petitioner Mohan Singh is father-in-law of the deceased. It is now submitted by learned counsel for the petitioner that even though, suicide note, as such, is stated to have been written by the deceased Bahadur Singh, son-in-law of the present petitioner, but however, he has not assigned any role to the present petitioner, qua his abetment and instigation to
-3Bahadur Singh to commit suicide. Also, it is submitted that challan has been presented on 07.04.2021 but till date, no witness has been examined. The petitioner is aged person of 67 years and is in custody since 18.12.2020. Further, it is submitted that fellow accused Amarjit Singh, Vikram Singh and Harpreet Kaur have already been granted benefit of regular bail by the trial Court.
On the contrary, learned State counsel has resisted the claim for bail. He submits that the petitioner being father of wife of deceased, had instigated his daughter to continue her illicit relationship with Jaswinder Singh @ Jassi and in this manner, he had instigated deceased Bahadur Singh to commit suicide. Also, he submits that even though, challan has been presented and charge has been framed, but however, no witness, out of 21 cited witnesses, has been examined.
May it be so. It is pertinent to mention that petitioner is aged person of 67 years, who is father-in-law of the deceased. He is in custody since 18.12.2020. Even though, challan has been presented and charge has been framed, but till date, no witness has been examined. Besides the same, also it should be noted that fellow accused Amarjit Singh, Vikram Singh and Harpreet Kaur have already been granted benefit of regular bail vide separate orders dated 11.01.2021. Otherwise also, copy of the suicide note is there on the record. The perusal of the same reveals that in the opening lines of the suicide note, the deceased had specifically mentioned names of his wife Sweety (Manmeet Kaur) as well as mother-in-law, brother-in-law, his wife and maternal uncle, to be responsible qua his death. Also, at the tail-end of the suicide note, he has reiterated the aforesaid persons to be specifically responsible for his death.
-4Considering the aforesaid circumstances, without dilating on the role of the petitioner Mohan Singh, vis-a-vis suicide by his son-in-law Bahadur Singh and considering the duration of his detention and fellow accused, having already been released on bail by the trial Court, this Court deem it appropriate to grant regular bail to the petitioner. Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned. (ARCHANA PURI) JUDGE July 19, 2021 Vgulati Whether speaking/reasoned Yes Whether reportable Yes/No