Punjab-Haryana High Court
Jarnail Singh @ Gora Singh vs State Of Punjab on 11 November, 2005
Equivalent citations: I(2006)DMC862
Author: Surya Kant
Bench: Surya Kant
ORDER Surya Kant, J.
1. The prayer in this petition is to release the petitioner on regular bail, in FIR No. 59 dated 25.3.2005, under Section 306/34, IPC, registered at Police Station, Boha, Tehsil & District Mansa.
2. The deceased (Inderjit Kaur) was married about 12-13 years before the date of occurrence with Balwinder Singh @ Kala son of Gurdip Singh. Unfortunately, said Balwinder Singh died after about five years of the marriage. The deceased- Inderjit Kaur's second marriage was solemnized with the petitioner who is brother of her previous deceased husband. Out of this wedlock, a male child, namely, Amardeep Singh, was born who is about seven years old.
3. As per the allegations contained in the FIR (registered on the statement of father of the deceased) the petitioner as well as his parents wanted to sell a part of their agricultural land and the said proposal was being opposed by the deceased (Inderjit Kaur). In order to dissuade her husband and parents-in-law from selling the land, she even called her father, i.e., the complainant at her in-laws house. However, when Inderjit Kaur found that the petitioner and his family were determined to sell the land, she allegedly started weeping, went inside the room and came out telling everyone that she had consumed some poisonous substance. She was rushed to the Government Hospital at Budhlada from where she was referred to the Government Hospital, Mansa but she died on her way to the said hospital.
4. It appears that during the course of investigation, the police also found that the deceased (Inderjit Kaur) was suffering from some mental disorder and had remained hospitalised as an indoor patient in a private hospital from 9.8.2002 to 21.8.2002 and thereafter again from 18.2.2004 to 25.2.2004. The parents of the petitioner were also found innocent during the course of investigation and were kept in column No. 2. The challan, however, has been presented against the petitioner under Section 306, IPC.
5. In support of the prayer made in petition, learned Counsel for the petitioner submits that (i) the petitioner is in custody from last six months; (ii) investigation is complete, challan has already been presented and after framing of the charges, one prosecution witness has also been examined; (iii) the prosecution intends to examine as many as 15 more witnesses, therefore the conclusion of trial will take considerably long period; (iv) no case of abetment to commit suicide is, primafacie, made out against the petitioner; (v) the prosecution witnesses do not belong to the petitioner's village, therefore, there is no possibility of influencing or tampering with them by the petitioner; and (vi) the petitioner undertakes not to obstruct and/ or influence the prosecution from leading its evidence against him.
6. On the other hand, learned State Counsel, while opposing the prayer in this petition, contends that having regard to the gravity of offence, the petitioner does not deserve the concession of bail.
7. After hearing learned Counsel for the parties and without expressing any viewpoint on the merits of the case, lest it might prejudice either of them, but having regard to all the attending circumstances, especially the circumstances which, according to the prosecution, led the deceased to commit suicide and the fact that conclusion of the trial will take considerably long period, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of the learned Chief Magistrate, Mansa.
Disposed of.