The High Court granted regular bail to the petitioner in an abetment of suicide case by accepting the bail petition under Section 439 Cr.P.C. pending conclusion of the trial.
Petitioner ordered to be released on bail to the satisfaction of the Chief Judicial Magistrate, Sangrur.
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Crl. Misc. No.M-3105 of 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No.M-3105 of 2012
Date of Decision: 24 - 2 – 2012
Suresh Kumar
.....Petitioner
v.
State of Punjab
.....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr.Rajbir Singh, Advocate for the petitioner.
Ms.Jaspreet Kaur, AAG, Punjab.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case arising out of FIR No.101 dated 14.5.2010 registered at Police Station City Sunam, District Sangrur under Sections 306, 511 IPC.
In the present case, dying declaration of Anita deceased was recorded by Judicial Magistrate Ist Class, Patiala. Anita in her dying declaration stated that her brother-in-law and sister-in-law used to quarrel with her and she was restraining her husband not to be under the influence of his elder brother and Bhabi. It is stated that on the instigation of her brother and sister-in-law, he used to give beatings to Anita. Due to this,
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Crl. Misc. No.M-3105 of 2012
deceased Anita had committed suicide.
Counsel for the petitioner contends that in normal circumstances ordinary discord and petulance in the family will not constitute offence of abetment. He placed reliance on Gangula Mohan Reddy v. State of Andhra Pradesh , 2010(1) RCR (Criminal) 603 and State of West Bengal v. Orilal Jaiswal , 1994(3) RCR (Criminal) 186 to contend that there is no evidence with the prosecution to constitute abetment as defined under Section 107 IPC. It is submitted that neither the petitioner had encited nor goaded or provoked or encouraged the deceased to commit suicide. It is further stated that petitioner is in custody since 3.6.2010 and the prosecution evidence has not yet commenced.
Counsel for the State, on instructions from ASI Balkar Singh, Police Station City Sunam states that prosecution has cited 21 witnesses.
Trial will take a long time to conclude. It is a moot point as to whether offence under Section 306 IPC is made out or not. Hence, present petition is accepted. Petitioner is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Sangrur.
Nothing said herein shall be construed as final expression on merits of the case.
February 24, 2012.
( KANWALJIT SINGH AHLUWALIA ) JUDGE
RC
1 issue framed by the court
Whether regular bail should be granted to the petitioner in the interests of justice before conclusion of trial.
Colour shows how this judgement treated each authority
Gangula Mohan Reddy v. State of Andhra PradeshReferred¶22
Gangula Mohan Reddy v. State of Andhra Pradesh, 2010(1) RCR (Criminal) 603
State of West Bengal v. Orilal JaiswalReferred¶22
State of West Bengal v. Orilal Jaiswal, 1994(3) RCR (Criminal) 186
2 provisions across 2 enactments
Suresh Kumar
State of Punjab
Justice Kanwailjit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
