High Court of Punjab and HaryanaCRM-M/23298/2020dismissed

Devi Kumal v. State Of Punjab

2020-09-18Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 23298 of 2020 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 23298 of 2020 Date of Decision: 18.9.2020 Devi Kumal ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Sagar Aggarwal, Advocate for the petitioner.

Mr. N.K.Banka, DAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is being taken up for hearing through video conferencing. Through the instant petition, the petitioner seeks anticipatory bail in case FIR No. 143 dated 02.6.2020, registered under Sections 306/34 IPC, Police Station Model Town, Hoshiarpur.

Learned counsel for the petitioner submits that there is no act of abetment by the petitioner for which Ajay Kumar, since deceased, took the step of committing suicide. He further submits that the deceased used to harass the daughter of the petitioner, namely, Lachhmi, who is 15 years of age, and had been pressurizing her to solemnize marriage with him. Learned counsel further submits that the only allegation against the petitioner is that since her daughter was a minor, she tried to make the deceased understand and stopped him to follow her. On the other hand, learned State counsel has pointed out that GURPREET SINGH 2020.09.18 17:54 I attest to the accuracy and integrity of this document Chadigarh

CRM-M No. 23298 of 2020 -2there is a hand written suicide note by deceased Ajay Kumar wherein he has specifically named the petitioner.

I have heard the learned counsel for the petitioner and the learned State counsel.

In the present case, deceased Ajay Kumar had died an unnatural death and in the FIR, there are specific allegations against the petitioner that deceased Ajay Kumar had committed suicide due to the harassment suffered by him at the hands of the petitioner and other co-accused. Moreover, in the suicide note (Annexure R-1) also, the deceased has specifically named the petitioner and other co-accused. As per the reply filed by the State, the said suicide note has been sent to Forensic Science Laboratory for obtaining the opinion of handwriting expert and the report is still awaited. Keeping in view the seriousness of the allegations levelled against the petitioner, no ground for grant of anticipatory bail to her is made out. Petitioner might be required for custodial interrogation. The petition is dismissed.

(HARNARESH SINGH GILL) JUDGE September 18, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.09.18 17:54 I attest to the accuracy and integrity of this document Chadigarh