Varinderpal Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:123875 Date of decision: September 20th, 2023 Varinderpal Singh .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Shivraj Angi, Advocate for the petitioner.

Mr. Karandeep Singh Sidhu, Advocate for the complainant.

MANJARI NEHRU KAUL, J.

The petitioner is seeking the concession of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in case FIR No.0048 dated 17.08.2023 registered under Sections 306, 506, 34 of the IPC registered at Police Station Fatehgarh Panjtoor, District Moga.

2.

Learned counsel for the petitioner, inter alia, contends that the FIR in question emanates from a marital discord between the deceased Gagandeep Singh and his wife Paramjit Kaur i.e. sister of the petitioner. He submits that it was precisely because of the strained relations between the petitioner's sister and the deceased, that a false and fabricated version had been brought forth in the FIR in question, which was registered after an abnormal and unexplained delay of 21 hours from the suicide of deceased Gagandeep Singh. It has been further submitted that even otherwise, on a perusal of the allegations in the FIR, no offence under Section 306 of the IPC is made out. It has been submitted that assuming for the sake of arguments that the

-2accused party had asked for permanent alimony for divorce, it would not in any manner amount to abetment to suicide. 3.

I have heard learned counsel for the petitioner and perused the relevant material on record.

4.

Bare reading of the FIR in question reveals that the deceased had got married to the sister of the petitioner a year prior to the occurrence in question. The relations between the sister of the petitioner and the deceased were strained, as a result of which there would be frequent quarrels between them. The deceased before dying made a video, wherein he categorically alleged that the family of his estranged wife had been harassing and threatening him with dire consequences. Not only this, the deceased left behind the following suicide note:- "Today I am very sad due to threats of my wife Paramjit Kaur, mother-in-law Simranjit Kaur and brother-in-law and their daughter do not want to settle with me. They all are sometime demanding 20 lacs and sometime 50 lacs in lieu of divorce and harassing me. If possible, law may give punishment to these three accused, so that no other person can become victim of these greedy people.

Sd/- Gagandeep Singh Today I am dying due to the threats given by my wife Paramjit Kaur, mother-in-law Simran Kaur and brother-in-law Varinderpal. After me, these three accused be punished. They all are sometime demanding 20 lacs and sometime 50 lacs from me in lieu of divorce from their daughter. Sd/- Gagandeep Singh"

5.

Thus, in view of the allegations levelled in the FIR as well as in the suicide note left behind by the deceased, this Court is not

-3inclined to extend the extraordinary concession of anticipatory bail to the petitioner.

6.

The instant petition, therefore, stands dismissed. 7.

However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

September 20th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No