Preeti Aggarwal And Another v. State Of Punjab

CRM-M-27230-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-27230 of 2019 (O&M) Date of Decision: July 05, 2019 Preeti Aggarwal and another ......PETITIONER(s).

VERSUS

State of Punjab ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Ashish Aggarwal, Advocate for the petitioner (s).

Mr. Avtar Singh Sandhu, Addl. A.G. Punjab Mr. Saurabh Kapoor, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No.72 dated 04.06.2019 registered for the offence punishable under Section 306 of Indian Penal Code, at Police Station Dinanagar, District Gurdaspur.

Heard.

Sanjeev Kumar, deceased consumed some poisonous substance in the intervening night of 2nd and 3rd of June, 2019 and was taken to Arora Hospital, Gurdaspur from where he was referred to Amritsar, where he breathed his last on 03.06.2019. In the FIR registered on the statement of Meena Singla wife of deceased, the allegations have been levelled against several persons, who were harassing the deceased by not returning his SACHIN MEHTA 2019.07.05 16:17 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-27230-2019 -2money. Against the petitioners, it was alleged that they were having shop in front of shop of the deceased and were harassing him but the reason for such harassment is not stated therein.

Learned State counsel submits that deceased had left behind two suicide notes and in one suicide note, he had stated that he was fed up with the petitioners, who were harassing him. The veracity of the allegations in the suicide note is yet to be tested by getting the same verified. The allegations in the FIR are also subject matter of investigation as to whether these amount to abetment to the deceased to commit suicide.

Keeping in view the above facts but without expressing any opinion on the merits of the case, this petition is allowed. Petitioners Preeti Aggarwal and Pankaj Aggarwal are directed to surrender before the police and join investigation within two weeks. In the event of their arrest being required, they shall be released on anticipatory bail, subject to their furnishing bonds to the satisfaction of Arresting Officer. However, they shall abide by the terms and conditions as envisaged under Section 438(2)(i) to (iv) Cr.P.C. failing which they shall loose the benefit of bail allowed to them.

It is, however, made clear that in the event of petitioners not surrendering before the Investigating Officer within two weeks, the order allowing bail to them shall stand withdrawn automatically. ( SURINDER GUPTA ) July 05, 2019 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No SACHIN MEHTA 2019.07.05 16:17 I attest to the accuracy and authenticity of this document High Court, Chandigarh Whether Reportable:

Yes/No