Pawanjit Singh alias Babloo vs Stae of Punjab

S. Kumaran, J.

F.I.R. No. 25 dated 9.5.1999 came to be registered at Police Station G.R.P., Bhatinda under Section 306 IPC on the statement of Sarup Singh, which reads as follows :

Gurinder Singh is the son of the complainant. The elder son of the complainant was killed by Mohan Singh and Nazar Singh some years ago with regard to which F.I.R. was registered. Therefore, Mohan Singh and Nazar Singh, in order to take revenge, have lodged a complainant at Police Station Kot Fatta that Gurinder Singh has committed theft in their house. Gurinder Singh was suffering from mental disorder. Nazar Singh had several times threatened that he had killed the elder son and that he will not let the complainant and others to live. Due to this fear, Gurinder Singh was staying in his maternal uncle''s house at village Sandhowa. He used to tell his uncle that the other party will kill him, and therefore he will die himself. On 9.5.1999, Gurinder Singh had committed suicide by jumping before the train due to the fear that he will be killed by petitionerPawanjit Singh and others.

PetitionerPawanjit Singh approached the Sessions Court, Bhatinda for bail in anticipation of arrest under Section 438 Cr.P.C., but was not granted the relief. Hence this petition by him before this Court for the same relief.

I have heard the counsel for both the sides and perused the records on file.

Learned counsel for the petitioner contends that even as per the F.I.R., Gurinder Singh was suffering from mental disorder and he had committed suicide by jumping before the running train. Learned counsel for the petitioner contends that the petitioner is in no way responsible for the same. The case of the State is that Nazar Singh had given a complaint that Gurinder Singh had committed theft in their house and also had threatened that he will not let the complainant and others to live and, therefore, Gurinder Singh had committed suicide. Learned counsel for the petitioner contends that there is nothing to show that the petitioner is in any way responsible for Gurmeet (Gurinder ?) Singh committing suicide.

Without meaning to express any opinion on the merits of the case, I am of the view that the petitioner is entitled to be released on bail.

In the event of arrest of the petitioner on the allegations found in the F.I.R. mentioned in this petition, the petitioner is ordered to be released on bail on his furnishing sufficient surety to the satisfaction of the Arresting Officer. If the petitioner is needed for the purpose of investigation, the Investigating Officer shall issue notice to the petitioner giving him sufficient time to associate himself with the investigation and on such notice, the petitioner shall join investigation. The petitioner shall also abide by the provisions of Section 438(2) Cr.P.C.

Application allowed.