Hon'ble J. H.S. Madaan allowed the petitioner's pre-arrest bail petition in a suicide-related case, making the earlier interim bail absolute subject to five conditions including joining investigation and surrendering passport.
Interim bail granted on 25.2.2020 made absolute subject to five conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRM-M-5928 of 2020
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-5928 of 2020 DATE OF DECISION :- July 27, 2021
Surjeet Kaur @ Sumitra Bai
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present :- Ms. Gurvir Kaur Gill, Advocate for the petitioner. Mr. J.S. Ghuman, DAG, Punjab.
The case has been taken up through Video Conferencing.
This petition for pre-arrest bail has been filed by petitioner Surjeet Kaur @ Sumitra Bai wife of Kishore Singh, aged 44 years, resident of House No. 51-C, Raipur Khurd, Behlana, Chandigarh, an accused in F.I.R No. 78 dated 22.6.2019 for offences under Sections 306, 34 IPC registered at Police Station Vairoke, District Fazilka.
Briefly stated the facts of the case as per prosecution story are that one Nishan Singh had committed suicide. His wife Sonia had submitted a written complaint to Senior Superintendent of Police, Fazilka contending that relative of the deceased namely Jeet Singh, Sumitra Rani and Surjit Kaur (present petitioner), who happen to be sister of the deceased had abetted the suicide by the deceased by harassing him and abusing him. Their purpose was to grab the property of the deceased.
Formal F.I..R in the matter was registered. Apprehending her
PARVINDER SINGH 2021.07.27 16:08 I attest to the accuracy and integrity of this document
CRM-M-5928 of 2020
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arrest in this case, petitioner had approached approached the Court of Sessions at Fazilka by filing an application for pre-arrest bail. Her such application which was assigned to Additional Sessions Judge, Fazilka was, however, dismissed vide order dated 23.1.2020. Feeling aggrieved, she has approached this Court craving for grant of similar relief, which request is being opposed by the State counsel.
I have heard learned counsel for the petitioner and learned State counsel besides going through the record.
Learned counsel for the petitioner has contended that petitioner is married sister of deceased, inasmuch as she got married in the year 1995 and has been residing separately along with her husband and other family members at Chandigarh. She did not interfere in the family affairs of the complainant and the deceased and she has been wrongly involved by the complainant. Further more the deceased had not left any suicide note. According to learned counsel for the petitioner, the petitioner has since joined the investigation in terms of the directions issued to her vide order dated 25.2.2020 and has been released on interim bail, therefore, such order is to be made absolute.
Learned State counsel on instructions from ASI Gurbax Singh has admitted the factum of petitioner having joined the investigation further stating that no recovery is to be effected from her, therefore, her custodial interrogation is not required, He has further stated that in terms of the investigation in the matter carried out so far, the deceased had not left any suicide note.
In view of the detailed discussion above, I find that the petition deserves to be accepted. Accordingly, the interim bail granted to the petitioner on 25.2.2020 is made absolute, subject to the following conditions :-
PARVINDER SINGH 2021.07.27 16:08 I attest to the accuracy and integrity of this document
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CRM-M-5928 of 2020
In case the petitioner violates any term and condition on which
the bail has been granted to her, the prosecution would be entitled to apply for cancellation of bail.
The petition stands allowed accordingly.
(H.S. MADAAN) JUDGE
July 27, 2021
p.singh
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
PARVINDER SINGH 2021.07.27 16:08 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the interim bail granted to the petitioner on 25.2.2020 should be made absolute given her cooperation in investigation.
Surjeet Kaur @ Sumitra Bai
State of Punjab
H.S. MADAAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
