Vikas Ghiwali vs State of Punjab

Alok Singh, J.—This is an application seeking regular bail in case FIR No. 83, dated 22.04.2010, u/s 306 IPC, registered at Police Station Division No. 6, Ludhiana.

Learned Counsel for the Petitioner has vehemently argued that Petitioner-accused has been charged u/s 306 IPC on the basis of alleged suicide note left by the deceased in which it has been mentioned that accused was taunting the deceased for marrying in the poor family. Learned Counsel has further vehemently argued that taunting or harassment or any cruel behaviour without any CRM M-33525 of 2010 intention to derive the deceased to commit suicide will not amount to abetment as defined u/s 107 IPC, hence will not amount to an offence u/s 306 IPC.

Learned Counsel for the Petitioner has placed reliance on the judgment of the Apex Court in the matter of Sanju @ Sanjay Singh Sengar Vs. State of Madhya Pradesh, , in the case of Bhagwan Das Vs. Kartar Singh and Others, , in the case of Sohan Raj Sharma v. State of Haryana, reported in AIR 2008 SCW 3202 and in the case of SS Cheema v. Vijay Kumar Mahajan and another, reported in 2010(4) RCR 66, as well as, judgment of this Court in the case of Ajay Singh Parveen and Anr. v. State of UT, Chandigarh, in Criminal Revision No. 2823 of 2010, decided on 13.01.2011.

Prima facie, arguments advanced by the learned Counsel for the Petitioner have some force in view of the decisions cited by the learned Counsel for the Petitioner. However, without commenting on the merit of the case at this stage, it is directed that Petitioner be released on bail to the satisfaction of the Trial Court.