Dharam Raj v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-34382 of 2020 (O&M) DATE OF DECISION : 02.11.2020 Dharam Raj

...Petitioner

Versus

State of Punjab

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Anuj Thakur, Advocate, for the petitioner.

Mr. P.S. Walia, AAG Punjab.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) 1.

Petitioner seeks regular bail in FIR No. 132 dated 18.05.2020, registered under Section 306 IPC at Police Station 'B' Division, Amritsar. 2.

Per FIR, Harjinder Singh committed suicide on 18.05.2020. His father, Jorawar Singh gave a complaint to the police along with suicide note left by the deceased. The deceased has allegedly stated in his note that he is committing suicide due to harassment meted out by his wife, her friend Sonia and uncle Dharam Raj (present petitioner). FIR was registered and petitioner was arrested on 18.05.2020. Since then he is in custody. 3.

Learned counsel submits that there is no direct evidence against the petitioner and he has been falsely implicated. The alleged suicide note too has been planted. He further submits that investigation is already over. No useful purpose, therefore, would be served by keeping the petitioner in further custody.

PRADEEP NAUTIYAL 2020.11.02 06:33 I attest to the accuracy and integrity of this document

4.

On the other hand, learned State counsel opposes the bail plea. According to him, there are specific allegations against the petitioner in the suicide note. Trial is yet to commence. If released, petitioner may attempt to temper with the evidence.

5.

Having heard learned counsel for the parties, I am of the opinion that given the nature of allegations and the role attributed to the petitioner as per suicide note, no ground is made out to interfere, at this stage. The veracity of suicide note has to be adjudged during trial which is yet to commence. In the event petitioner is released on bail at this stage, likelihood of his influencing the witnesses cannot be ruled out.

6.

In the premise, no ground to interfere is made out. The petition is dismissed, at this stage.

(ARUN MONGA) November 02, 2020 JUDGE Jiten Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PRADEEP NAUTIYAL 2020.11.02 06:33 I attest to the accuracy and integrity of this document