High Court
Case Details
By way of present petition filed unde 482 BNSS, present petition filed under Section 482 BNSS, petitioners seek anticipatory bail in case FIR petitioner anticipatory bail in case FIR (Annexure P-1) as under: 144 16.09.2015 306 and 34 of IPC 306 and 34 of IPC 2. Learned counsel for the petitioner has submitted that in petitioners has submitted that in compliance to the order dated 09.12.2024 compliance to the order dated Coordinate Bench of 09.12.2024 passed by Coordinate Bench of this Court, the petitioner already joined the investigation and as such Court, the petitioners have already joined the investigation and as such already joined the investigation and as such
Legal Reasoning
interim bail granted to the petitioner may be confirmed. interim bail granted to the petitioner may be confirmed. interim bail granted to the petitioner may be confirmed. 3. Learned State counsel has intimated that the petitioner have has intimated that the petitioners have is no more required for any custodial investigation joined investigation and is no more required for any custodial investigation is no more required for any custodial investigation joined investigation and required for further investigation. in this case nor they are required for further investigation. in this case nor 4. 5. Heard. owing order During the course of hearing on 09.12.2024 the following order During the course of hearing on was passed:- was passed: MOHIT 2025.01.22 16:44 I attest to the accuracy and integrity of this document Through the instant petition, as instituted under Section 482 of “Through the instant petition, as instituted under Section 482 of Through the instant petition, as instituted under Section 482 of the BNSS, 2023, the petitioners seeks the concession of anticipatory the BNSS, 2023, the petitioners seeks the concession of anticipatory the BNSS, 2023, the petitioners seeks the concession of anticipatory the BNSS, 2023, the petitioners seeks the concession of anticipatory bail, in case FIR No.144 dated 16.09.2015 (Annexure p bail, in 1), under case FIR No.144 dated 16.09.2015 (Annexure p-1), under IPC, registered at P.S. Sidhwan Bet, now Sections 306 and 34 of the IPC, registered at P.S. Sidhwan Bet, now IPC, registered at P.S. Sidhwan Bet, now Sections 306 and 34 Dakha, District Ludhiana. Dakha, District Ludhiana. Notice of motion.
Legal Reasoning
Mr. Pardeep Bajaj, DAG, Punjab, waives service and accepts Mr. Pardeep Bajaj, DAG, Punjab, waives service and accepts Mr. Pardeep Bajaj, DAG, Punjab, waives service and accepts State of Punjab. He informs this notice on behalf of the respondent-State of Punjab. He informs this notice on behalf of the respondent notice on behalf of the respondent Court that in compliance to the directions, Court that issued by this Court in in compliance to the directions, issued by this Court in CRM-M-37918-2024 (i.e. the petition filed by the co CRM accused- (i.e. the petition filed by the co-accused 06.08.2024, the learned State counsel has Palwinder Singh), on dated 06.08.2024, the learned State counsel has 06.08.2024, the learned State counsel has Palwinder Singh), on dated Jatinder Pal Singh, PPS, DSP, filed a status report, on affidavit of Jatinder Pal Singh, PPS, DSP, filed a status report, on affidavit of filed a status report, on affidavit of Dakha, District Ludhiana (Rural), which was Dakha, District Ludhiana (Rural), which was taken on record. A perusal of the status report makes revelations that, earlier A perusal of the status report makes revelations that, earlier A perusal of the status report makes revelations that, earlier cancellation reports have twice been presented by the investigating cancellation reports have twice been presented by the investigating cancellation reports have twice been presented by the investigating cancellation reports have twice been presented by the investigating before the learned Illaqa Magistrate concerned, however, both agency before the learned Illaqa Magistrate concerned, however, both before the learned Illaqa Magistrate concerned, however, both agency pted, rather directions were issued for times the same were not accepted, rather directions were issued for pted, rather directions were issued for times the same investigation. Accordingly, now during the course conducting further investigation. Accordingly, now during the course investigation. Accordingly, now during the course conducting further of of further further when investigation, when when investigation, the complainant the complainant the complainant joined joined joined the the the purported to have been investigation, she handed over a suicide note, purported to have been investigation, she handed over a suicide note, investigation, she handed over a suicide note, ased husband Sadhu Singh. written by her deceased husband Sadhu Singh. written by her dece The learned counsel for the petitioners submits that the contents The learned counsel for the petitioners submits that the contents The learned counsel for the petitioners submits that the contents of the present FIR do not constitute the ingredients of offence under of the present FIR do not constitute the ingredients of offence under of the present FIR do not constitute the ingredients of offence under of the present FIR do not constitute the ingredients of offence under 306 of the IPC. Moreover, the production of suicide note Section 306 of the IPC. Moreover, the production of suicide note 306 of the IPC. Moreover, the production of suicide note Section now after an enormous and inordinate (supra), by the complainant, now after an enormous and inordinate now after an enormous and inordinate (supra), by the years since the registration of the present FIR, delay of approx. 08/09 years since the registration of the present FIR, years since the registration of the present FIR, delay of approx. 08/09 be surrounded by clouds of suspicion, renders the said suicide note to be surrounded by clouds of suspicion, be surrounded by clouds of suspicion, renders the said suicide note to yet to be established by the especially when the veracity thereof, is yet to be established by the especially when the veracity thereof, is especially when the veracity thereof, is prosecution. prosec The learned State counsel, on instructions imparted to him by The learned State counsel, on instructions imparted to him by The learned State counsel, on instructions imparted to him by the official concerned, informs this Court that the complainant has official concerned, informs this Court that the complainant has official concerned, informs this Court that the complainant has only a photocopy of the suicide note and the original handed over only a photocopy of the suicide note and the original only a photocopy of the suicide note and the original handed over thereof, has not yet been supplied. thereof, has not yet been for the petitioners further submits that the Learned counsel for the petitioners further submits that the co- accused Palwinder Singh, has already been granted the relief of accused Palwinder Singh, has already been granted the relief of accused Palwinder Singh, has already been granted the relief of accused Palwinder Singh, has already been granted the relief of MOHIT 2025.01.22 16:44 I attest to the accuracy and integrity of this document anticipatory bail, by this Court, vide order dated 22.10.2024, interim anticipatory bail, by this Court, vide order dated 22.10.2024, anticipatory bail, by this Court, vide order dated 22.10.2024, interim passed in CRM-M-37918-2024 (Annexure P passed in 2024 (Annexure P-9). Adjourned to 20.01.2025. In view of the above, the petitioners are directed to join the In view of the above, the petitioners are directed to join the In view of the above, the petitioners are directed to join the investigation, as and when called for, and shall also abide by the investigation, as and when called for, and shall also abide by the investigation, as and when called for, and shall also abide by the investigation, as and when called for, and shall also abide by the specified under Section 482(2) BNSS, 2023. However, in conditions, specified under Section 482(2) BNSS, 2023. However, in specified under Section 482(2) BNSS, 2023. However, in conditions, the event of arrest, the petitioners shall be released on i the event of arrest, nterim bail the petitioners shall be released on interim bail personal and surety bonds to the subject to their furnishing personal and surety bonds to the personal and surety bonds to the subject to their furnishing satisfaction of the Arresting/Investigating Officer concerned.” satisfaction of the Arresting/Investigating satisfaction of the Arresting/Investigating 6. Keeping in view the above submissions made by learned State Keeping in view the above submissions made by learned State Keeping in view the above submissions made by learned State the investigation counsel and the fact that the petitioners have joined the investigation counsel and the fact that the petitioner counsel and the fact that the petitioner consequent to the order dated 09.12.2024 consequent to the order dated the Coordinate Bench of passed by the Coordinate Bench of is hereby Court, interim bail granted vide order dated 09.12.2024 is hereby Court, interim bail granted vide order dated this Court, interim bail granted vide order dated confirmed, subject to conditions as envisaged under Section 482(2) BNSS confirmed, subject to conditions as envisaged under Section 482(2) BNSS confirmed, subject to conditions as envisaged under Section 482(2) BNSS confirmed, subject to conditions as envisaged under Section 482(2) BNSS directed to join investigation as and when required Further the petitioners are directed to join investigation as and when required directed to join investigation as and when required Further the petitio in future by way of written notice for such purpose to be served by in future by way of written notice for such purpose to be served by in future by way of written notice for such purpose to be served by in future by way of written notice for such purpose to be served by will not tamper Investigating Officer of this case upon the petitioners; they will not tamper Investigating Officer of this case upon the petitioner Investigating Officer of this case upon the petitioner with the evidence nor will influence the witnesses and will not leave the with the evidence nor will influence the witnesses and will not leave the with the evidence nor will influence the witnesses and will not leave the with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court. country without prior permission of the Court. country without prior permission of the Court. 7. The petition stands allowed. MOHIT 2025.01.22 16:44 I attest to the accuracy and integrity of this document