Allowed

Hoshiari Lal v. State of Punjab

Punjab & Haryana HC23 Feb 2012CRM-M/2139/2012

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner, who was detained in a case relating to abetment of suicide. The court held that the suicide note did not establish that the petitioner instigated the deceased, as the allegations against him were indirect and were actually against his son.

What did the court decide?

Petitioner released on bail by personal bond of Rs. 20,000 with one surety in like amount.

Hoshiari Lal Vs State of Punjab — Murder and Culpable Homicide | Punjab & Haryana HC (2012)

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Criminal Misc. M-2139 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. M-2139 of 2012(O&M) Date of decision:23^rd February, 2012

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Hoshiari Lal @ Hoshiar Lal

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.......Petitioner

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Versus

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State of Haryana

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........Respondent

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BEFORE: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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Present: Mr. A.P.S.Deol, Senior Advocate with Mr. Daldeep Singh, Advocate for the petitioner.

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Mr. Sagar Deswal, Addl.A.G.Haryana for the respondent – State.

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1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No

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2. To be referred to the Reporters or not?Yes/No

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3. Whether the judgment should be reported in the Digest? Yes/No

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Vijender Singh Malik, J.(Oral)

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Hoshiari Lal @ Hoshiar Lal petitioner has applied for regular bail in a case registered by way of FIR No. 185, dated 17.10.2011 at Police Station Division No. 1, District Jalandhar for an offence punishable under section 306 read with section 34 of the Indian Penal Code, 1860.

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Criminal Misc. M-2139 of 2012

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The case of the prosecution is that Jawahar Sharma has committed suicide and the petitioner is accused of abetting the same. The whole case is based on the suicide note, left by Jawahar Sharma which is claimed in the petition to the following effect:

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“I Jawahar Sharma in my full and

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complete senses state that I am fed up with my life because Hoshiari Lal by cheating has got the power of attorney cancelled with regard to the plot which I had b(r)ought from him. Now he extend(s) threat to kill me. I had also given Rs. 28 lacs to Deepesh for sending six boys through ship and he has cheated me. Now, I am trapped in such a way that there is nothing remain(ing) in my life except to take my life. Therefore, I am taking my life as I am not getting justice from anybody. God will punish Hoshiari Lal for whatever cheating he has done with me. My family forgive me, if possible, I could not do anything for you.”

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Learned counsel for the petitioner submits that regarding the cancellation of power of attorney about which the deceased talks in the suicide note, there has been a complaint made by Jawahar Sharma, against Nitin Behral son of the petitioner and others and Additional Deputy Commissioner of Police, Jalandhar, conducted an inquiry in the said complaint and had found that after having

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Criminal Misc. M-2139 of 2012

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purchased the plot from Nitin and Sandeep Kumar on the strength of a power of attorney Jawahar Sharma had sold the same to Rajinder Kaur wife of Sarjinder Singh and on his request, Nitin and another person had cancelled the power of attorney in favour of Hoshiari Lal and executed a power of attorney in favour of Sarjinder Singh who has further executed a sale deed in favour of his wife. In pursuance of the said power of attorney, he has submitted that Hoshiari Lal was never in the picture for taking any money or cancellation of the power of attorney. He has further submitted that the Hoshiari Lal is not alleged to have ever instigated Jawahar Sharma to commit the suicide. According to him, on the allegations appearing in the suicide note no case is made out against the petitioner under section 306 IPC. He has further submitted that the petitioner is in custody since 18.10.2011.

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Learned State counsel submits that the inquiry report (Annexure P-8) referred to by learned counsel for the petitioner is not part of the challan, submitted in this matter by the police. He has, however, not denied the very existence of this report. According to him, there are direct allegations against Hoshiari Lal in the suicide note and that there is prima facie case against the petitioner for an offence punishable under section 306 IPC.

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Taking the contents of the suicide note at their face valule, it does not appear that Hoshiari Lal petitioner had ever instigated Jawahar Sharma for committing suicide. The power of attorney was executed in his favour by son of the petitioner and for that matter, cancellation of the same is also by the said Nitin Behral

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Criminal Misc. M-2139 of 2012

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son of the petitioner. The petitioner is in custody for the last about four months and it would be for the court to decide at the trial as to whether there has been any act on the part of the petitioner which was sufficient to instigate the commission of suicide by Jawahar Sharma.

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Consequently, the petition is allowed. The petitioner is ordered to be released on bail on his furnishing a personal bond in a sum of `20,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Jalandhar.

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[VIJENDER SINGH MALIK] JUDGE

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23^rd February, 2012 Shivani Kaushik

Hoshiari Lal v. State of Punjab

Case brief

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Hoshiari Lal v. State of Punjab

Case brief

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