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Tanuj Madan vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 14 November 2017 · Citation: (2017) 11 P&H CK 0060

HON’BLE JUDGES
Anupinder Singh Grewal
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-306>Section 306</a> - Abetment of Suidde
RESULT
Allowed
CASE NUMBER
M-39683 of 2017
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Judgment

27 paragraphs · 264 words
1.

The petitioner is seeking regular bail in FIR No.361

dated 20.09.2017 under Section 306 IPC registered at Police

Station Farakpur, District Yamuna Nagar.

2.

Learned counsel for the petitioner contends that

allegations against the petitioner in the FIR are that husband of

the complainant had committed suicide as he was not being paid

the money which was due to him as commission for the recovery

of loan. In the FIR, reference has been made to the suicide note

wherein it is stated that accused namely Tanuj Madan was not

giving his money and when he demanded the same, he was

threatened by the petitioner. He further contends that even if taken on its face value, the allegations would not, prima facie,

constitute an offence under Section 306 IPC, as merely not giving

money to the deceased would not amount to instigation or

compelling him to commit suicide. He further contends that

petitioner is in custody since his arrest on 21.09.2017.

3.

Learned State counsel, upon instructions from ASI

Suresh Kumar, contends that investigation is not complete as

other accused have not been arrested so far.

4.

In view of the submissions of learned counsel for the

petitioner and the petitioner is in custody for over one and a half

month, the conclusion of trial is likely to take some time, I deem

it appropriate to grant the concession of regular bail to the

petitioner.

5.

Consequently, the instant petition is allowed.

Petitioner Tanuj Madan is ordered to be released on regular bail

on his furnishing bonds to the satisfaction of trial Court/Duty

Magistrate.