High CourtsSingle Bench

Dharminder Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 27 November 2020 · Citation: (2020) 11 P&H CK 0152

HON’BLE JUDGES
Ram Mohan Singh, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 306 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 16841 Of 2020
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Judgment

24 paragraphs · 362 words

Raj Mohan Singh, J

The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of anticipatory bail in case bearing FIR No.0077 dated 24.04.2020 registered under Sections 306, 34 IPC at

Police Station Sahnewal, Ludhiana.

On 28.08.2020, following order was passed by this Court:-

“The present FIR dated 24.04.2020 was got registered against the petitioner and his co-accused under Section 306 IPC on the allegation that the

accused persons harassed and threatened the son of the complainant leading to his suicide. It may be noted that FIR dated 19.04.2020 was registered

against the petitioner and others on the complaint of the deceased as they allegedly attacked his residential house on 17.04.2020 and 18.04.2020.

Thereafter, they allegedly abused and threatened son of the complainant to such an extent that he committed suicide, leading to the registration of the

present FIR.

The reply of the State is in consonance with the FIR and does not reveal any new facts or evidence that may have been unearthed during the course

of the investigation.

The arguments of learned counsel for the complainant are also in keeping with the allegations made in the FIR.

Assuming that the allegations in the FIR are true, the offence of abetment of suicide is prima facie not made out. Thus, the petitioner is directed to join

investigation with the Investigating Officer on 10.09.2020 at 10.00 a.m. And cooperate therewith. In the event of his arrest, he shall be released on

interim bail to the satisfaction of the Investigating Officer/SHO concerned subject to his compliance of the conditions enshrined under Section 438(2)

Cr.P.C.

Adjourned to 27.11.2020.â€​

Learned counsel for the petitioner submitted that in compliance of the aforesaid order, the petitioner has joined the investigation.

Learned State counsel on instructions from ASI Kulwinder admitted the aforesaid fact and submitted that the petitioner is no more required for further

investigation of the case.

In view of aforesaid factual position, the interim order dated 28.08.2020 is made absolute. However, petitioner shall keep on joining the investigation as

and when required to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of.