Amandeep Singh v. State Of Punjab
- 1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH 1.
CRM-M-48777-2024 Decided on : 04.02.2025 Amardeep Singh . . . Petitioner(s)
Versus
State of Punjab . . . Respondent(s) 2.
CRM-M-51638-2024 Gurpreet Kaur . . . Petitioner(s)
Versus
State of Punjab . . . Respondent(s) 3.
CRM-M-51789-2024 Amritpal Singh . . . Petitioner(s)
Versus
State of Punjab . . . Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Ajiteshwar Singh, Advocate for the petitioner(s).
Mr. Amandeep Singh, DAG, Punjab.
**** SANJAY VASHISTH , J. (Oral) 1.
This order shall dispose of CRM-M-48777-2024, CRM-M51638-2024 and CRM-M-51789-2024, as all the petitions are interconnected and have arisen out of same FIR. However, the lead case is CRM-M-487772024. 2.
Prayer in this petition, filed under Section 482 of BNSS, 2023, is for grant of anticipatory bail to the petitioner(s), who have been booked for having committed the offences punishable under Sections 108 of BNSS,
- 2 - 2023, in a case arising out of FIR No.123, dated 26.08.2024, registered at Police Commissionerate, Police Station Division 1, District Jalandhar (Annexure P-2).
2.
Deceased in the present case is 'Shivam Abrol', who was married to the main accused i.e. Gurpreet Kaur, who had left her matrimonial house about three months back to the incident of suicide. Petitioners before this Court are as under:- Sr.
No.
Name of the Petitioner Relation with Deceased 1.
Amardeep Singh Father-in-law of the deceased.
2.
Gurpreet Kaur Wife of the deceased.
3.
Amritpal Singh Brother-in-law of the deceased.
3.
While hearing the petition (i.e. CRM-M-48777-20242), on 27.07.2024, the Coordinate Bench of this Court passed the following order:- "
The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.123, dated 26.8.2024 at Police Commissionerate, Police Station Division No.1, District Jalandhar under Section 108 of Bharatiya Nyaya Sanhita, 2023 (BNS).
The FIR was lodged at the instance of Rajwant Kumar, wherein it is alleged that his son Shivam Abrol (deceased) was married to Gurpreet Kaur about 8-9 months back. However, Gurpreet Kaur and other members of her family used to harass her son. It is alleged that his son's father-in-law Amardeep Singh and his brother-in-law Aditya Likhari used to abuse him frequently. It is further alleged that about 3 months back Gurpreet Kaur i.e. wife of complainant's son Shivam Abrol fought with him and thereafter called her father Amardeep Singh, brother Aditya Likhari, mother Mandeep Kaur and some unknown persons, who attacked them and thereafter left alongwith Gurpreet Kaur. It is also alleged that the aforesaid persons abused and threatened complainant's son Shivam Abrol. On 26.8.2024, complainant's son is alleged to have committed suicide while leaving a suicide note stating therein that he was committing suicide as his wife and other members of her family were threatening and abusing him. Learned counsel for the petitioner submitted that the
- 3 - petitioner has been falsely implicated in the present case solely on account of the fact that his daughter and the deceased could not pull along well and there were some matrimonial differences amongst them. It has been submitted that as a matter of fact petitioner's daughter Gurpreet Kaur had left her matrimonial home about 3 months prior to the alleged occurrence and that, under these circumstances, it cannot be said that Gurpreet Kaur or any other member of her family had abetted the commission of suicide by son of the complainant. Learned counsel for the petitioner submitted that the FIR has been lodged simply in order to wreak vengeance as the relations between complainant's son and petitioner's daughter were strained.
Notice of motion for 4.2.2025.
Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C." 4.
In addition to the arguments recorded previously, petitioners' counsel submits that despite leaving the matrimonial house about three months back by accused/petitioner - Gurpreet Kaur, never any complaint or recourse available under the law was resorted to by the deceased. Even, in present case, ingredients of Section 109 of IPC are met out, i.e., to instigate the petitioner to commit suicide, as there was no other way out for the deceased.
5.
Learned counsel for the petitioner(s) further contends that in compliance of the order dated 27.09.2024, passed by the Coordinate Bench of this Court, the petitioner(s) have already joined the investigation and are ready to co-operate with investigation agency, as and when same is required again.
6.
On the other hand, learned State counsel, also confirms the said statement of joining the investigation and thus, submits that the custodial
- 4 - interrogation of the petitioners is not required, at this stage, for the purpose of investigation.
7.
Heard learned counsel for the parties.
8.
Since the petitioners have already joined the investigation and their custodial interrogation is not even asked for, present petitions are allowed and the ad-interim order dated 27.09.2024 is hereby made absolute. 9.
However, the petitioners shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 482(2) of BNSS, 2023 10.
Petitions stand disposed of accordingly.
(SANJAY VASHISTH) JUDGE February 04, 2025 J.Ram Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No