Rajinder Singh Pardesi vs State of Punjab

Inderjit Singh, J.—Petitioners, Rajinder Singh Pardesi and Bhavjot Kaur, have filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.137 dated 30.08.2016, registered at Police Station Sultanpur Lodhi, District Kapurthala, under Sections 306 and 120-B of the Indian Penal Code.

Notice of motion was issued in this case. Learned State counsel put in appearance on behalf of the respondent-State and the complainant also appeared through his counsel. They contested this petition.

I have heard learned counsel for the petitioners; learned State counsel as well as learned counsel for the complainant and have gone through the record.

From the record, I find that as per the allegations in the FIR, Tarun Kumar, since deceased, was married with Rachanjit Kaur, daughter of petitioner No.1. Petitioner No.1 filed a complaint regarding harassment and dowry demand etc. against Tarun Kumar as well as his parents. Petitioner No.2-Bhavjot Kaur is the sister of Rachanjit Kaur. There is no allegation against Bhavjot Kaur of any abetment to commit suicide by Tarun Kumar. Even in the suicide note, it is mentioned that Rachanjit Kaur was in Canada at the time of occurrence. The main allegation is that Rachanjit Kaur had not pursued the case of her husband, Tarun Kumar, for bringing him to Canada. As per the FIR version, Rs. 30 lacs were demanded from Tarun Kumar.

At the time of arguments, learned counsel for the petitioners argued that there is nothing on record to show that the petitioners made any abetment to deceased to commit suicide. Tarun Kumar, since deceased, also filed application in the month of May, 2016 for taking action against Rachanjit Kaur and the present petitioners etc. which on inquiry, was found without any merit.

Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find that no useful purpose will be served by sending the petitioners to custody. Therefore, finding merit in this petition, the same is allowed. It is ordered that in the event of arrest, the petitioners be released on anticipatory bail subject to their furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.