Petition for pre-arrest bail allowed. Interim order from 5.9.2012 confirmed. Bail granted subject to joining investigation and not tampering with evidence.
Interim order dated 5.9.2012 confirmed; petitioner allowed bail on arrest subject to joining investigation and not tampering with evidence.
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Cr.Misc. M27248 of 2012
1
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr.Misc. M27248 of 2012 Date of decision: 5.12.2012
Bikkar Singh @ Nihang
.. petitioner
vs
State of Punjab
... respondent
Present Mr. Amaninder Preet, Advocate. Mr. Ankur Jain, AAG, Punjab.
M.M.S. BEDI,J.
The petitioner seeks the concession of pre-arrest bail in a case, registered at the instance of Balwant Singh alleging that his son Manjinder Singh, who was truck driver committed suicide on account of the threat of the petitioner to oust him from the house where he and the complainant had been permitted to stay to serve the brother of the petitioner, namely, Pritam Singh. Said Pritam Singh is alleged to be dumb.
Counsel for the petitioner submits that the petitioner is an old person, aged 75 years. He further submits that the complainant and Manjinder Singh's family is still staying in the same house.
Learned State counsel on the other hand has submitted that the deceased had left a suicide note mentioning that he was threatened by the petitioner repeatedly and was being pressurized to leave the house. Compelled by the said circumstance, he committed suicide. The investigating officer informs that the suicide note was sent for comparison with the hand writing of the deceased but it has been returned back demanding more specimen signatures/ writing of the deceased.
I have heard counsel for the parties and gone through the
Cr.Misc. M27248 of 2012
2
police file. It has been informed that after the registration of FIR, brother of the petitioner Pritam Singh, who is dumb, has been ousted from the house of the petitioner. The petitioner having been involved in the case has also left the house. Taking into consideration the totality of the circumstances, it will be debatable whether the petitioner has been involved in the case in order to grab the property of the complainant or it was petitioner who had pressurized the deceased to leave the property and commit suicide. It will also be debatable whether the necessary ingredients of abetment as per Section 107 IPC are made out.
Accordingly, the petition is allowed and interim order dated 5.9.2012 is hereby confirmed and it is ordered that in case of arrest of the petitioner, he will be released on bail to the satisfaction of the arresting officer subject to the condition that the petitioner will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation.
December 5 ,2012 ( M.M.S. BEDI ) TSM JUDGE
Bikkar Singh @ Nihang
State of Punjab
M.M.S. BEDI
As recorded by the court registry
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