Punjab-Haryana High Court
Palo Kaur And Ors vs State Of Punjab on 21 May, 2018
215
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.17549 of 2018
Date of Decision : 21.05.2018
Palo Kaur and others
.....Petitioners
Versus
State of Punjab
.....Respondent
CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA
Present : Mr. Triptjeet S. Sidhu, Advocate
for the petitioners.
Mr. Kirat S. Sidhu, Deputy Advocate General, Punjab
for the respondent-State.
SUDIP AHLUWALIA, J. (ORAL)
The instant petition has been filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in case FIR No.195 dated 17th November, 2017, registered under Sections 306, 34 of the Indian Penal Code, at Police Station Nahianwala, District Bathinda.
2. The petitioner No.1 happens to be the mother-in-law of deceased Gurpiar Singh. Petitioner No.2 is her son and petitioner No.3 is her nephew.
3. According to the FIR the petitioners had come to the parental house of the deceased some 7 to 8 days before lodging of the FIR and had humiliated and assaulted him and taken away his wife along with two minor children to their house, on account of which the deceased felt humiliated and decided to end his life.
1 of 2 ::: Downloaded on - 24-05-2018 06:37:11 ::: CRM-M No.17549 of 2018 -2-
4. Admittedly, no suicide note was left behind by the deceased. As he remained in his house for 7 to 8 days before allegedly consuming the insecticide/poison, in the opinion of this Court it would not be unfair to presume that even if he had been actually subjected to any humiliation or physical assault, still plenty of time was available to him for cool reflection. There is no allegation to the effect that either of the petitioners had positively or directly instigated the victim to kill himself. His Viscera Report in any case is not yet available.
5. In the given circumstances, custodial interrogation of the petitioners at this stage would not appear to be called for.
6. The petitioners may therefore be released on bail to the satisfaction of the Investigating/Arresting Officer subject to the compliance of conditions envisaged under Section 438(2) of the Cr.P.C.
7. Disposed off.
May 21, 2018 (SUDIP AHLUWALIA)
Dpr JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
2 of 2
::: Downloaded on - 24-05-2018 06:37:12 :::