Jasmail Singh And ANR v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.216 Case No. : Crl. Misc. No.M-39030 of 2021 Date of Decision : January 11, 2022 Jasmail Singh and another ....
Petitioners vs.
State of Punjab ....
Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL. (Through Video Conferencing) Present :
Mr. Ram Kumar Chauhan, Advocate for the petitioner.
Mr. Rehat Bir Singh Mann, DAG, Punjab.
Mr. Sandeep Kumar, Advocate for the complainant.
* * * MANJARI NEHRU KAUL , J.
(Oral) :
The instant petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No.139 dated 17.08.2021, under Sections 306, 34 IPC, registered at Police Station Bullowal, District Hoshiarpur.
Learned counsel contends that there was no evidence on record, which could even remotely connect the petitioner with the suicide of deceased-Kulvir Kaur. He submits that the daughter of the complainant was married to one Manjot Singh, who is brother-in-law and brother of petitioner No.1 and 2 respectively. He submits that after the marriage of the complainant's daughter with said Manjot Singh in 2018, the couple had left for Canada and it was in Canada that the relations between Manjot Singh and daughter of the complainant turned sour. Learned counsel submits on account of the strained relations between the parties, the complainant, who is an ASI with the Punjab Police, and his daughter started extending threats to the petitioner and his wife, as a result of which, they had to approach this Court by way of a Criminal Writ Petition 5968 of 2021, seeking protection of their life and liberty at the hands of the complainant, which is still pending consideration of this Court. Learned counsel, therefore, submits Crl. Misc. No. M-39030 of 2021 : 2 :
MONIKA 2022.01.12 10:36 I attest to the accuracy and integrity of this document
that the allegations levelled in the FIR in question that it was on account of filing of the aforementioned writ petition against his daughter, the deceased would remain under depression and eventually committed suicide, on the face of it, deserves to be discarded, as merely filing a criminal writ petition seeking protection of life and liberty could not be said to be an act of abetment to suicide.
Learned counsel for the petitioners states that pursuant to order dated 20.09.2021, passed by this Court, the petitioners have joined the investigation and co-operated with the investigating agency. Learned State counsel, on instructions from SI Maninder Singh, does not dispute the factum of the petitioners having joined investigation. He, on further instructions, submits that the petitioners are no longer required for further investigation, much less their custodial interrogation. In view of the above, the petition is allowed and interim order dated 20.09.2021 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.
January 11, 2022 (MANJARI NEHRU KAUL) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No MONIKA 2022.01.12 10:36 I attest to the accuracy and integrity of this document