Balraj vs State of Haryana

Tejinder Singh Dhindsa, J.—This order shall dispose of the present petition filed u/s 439 Cr.P.C. praying for the grant of regular bail to the petitioners in case F.I.R. No. 392 dated 7.12.2013 under sections 306, 34 I.P.C., registered at Police Station, Meham, District Rohtak.

Learned counsel for the parties have been heard.

The deceased in the present case is Karamvir, who is stated to have committed suicide on 6.12.2013. The process of law was set in motion on the complaint of Nirmala wife of deceased, who alleged that there was a dispute between her father-in-law and Tara Chand as also Chander with regard to a common gali abutting their houses. The present petitioners are the sons of Tara Chand. Further allegation is that her husband Karamvir (deceased) had been constantly harassed by the petitioners and had also been given beatings and on account of such circumstances he committed suicide by consuming some poisonous substance.

The petitioners have been in custody since 8.12.2013. The Post Mortem Report clearly reveals that there was no indication of any wound/bruises on the body of the deceased to indicate any beating/thrashing.

Even otherwise, it is by now well settled that in a case of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide. The question as to whether offence u/s 306, 34 I.P.C. is made out against the present petitioners would be a moot question to be taken up during the course of trial.

Investigation in the present case is complete and the challan stands presented on 25.1.2014. The trial is still at the initial stage.

Keeping in view the totality of the circumstances and the length of incarceration already suffered by the petitioners, this Court is of the considered view that the petitioners are entitled to the benefit of regular bail. Accordingly, the present petition is allowed.

Bail to the satisfaction of Trial Court.

It is, however, clarified that the observations made in this order are confined only as regards adjudication of the prayer made on behalf of the petitioners for grant of regular bail and will have no bearing on the merits of the case.

Petition disposed of.