Punjab-Haryana High Court
Raju Singh Alias Jasveer Singh vs State Of Punjab on 22 December, 2022
CRM-M-56829-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(205)
CRM-M-56829-2022
Date of decision: - 22.12.2022
Raju Singh @ Jasveer Singh
....Petitioner
Versus
State of Punjab
.....Respondent
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Kuldip Singh, Advocate,
for the petitioner.
Mr. Tarun Aggarwal, Sr. DAG, Punjab.
****
VIKAS BAHL, J. (ORAL)
This is the first petition under Section 438 of Cr.P.C. for
grant of anticipatory bail to the petitioner in case FIR No.149 dated
16.09.2022, registered under Sections 306 and 120-B IPC, at Police
Station City Jalalabad, District Fazilka.
On 06.12.2022, this Court was pleased to pass the following
order:-
"Inter alia contends that in the present case, there is no
suicide note and the FIR has been registered after a delay of 14
months inasmuch as the date of the occurrence was 16.07.2021
whereas, the date of registration of the FIR is 16.09.2022. It is
further submitted that initially proceedings under Section 174
Cr.P.C. were initiated and as per DDR no.24 dated 17.07.2021 it
had been recorded by the complainant that the deceased was
mentally disturbed due to financial constraints. It is further
submitted that Shanta Rani, the wife of the deceased, has been
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implicated on account of the fact that she is in possession of 4
marlas of land where she is presently residing and she has two
more shops and the complainant, who is the father-in-law of
Shanta Rani, is exerting pressure upon Shanta Rani and her
children after the death of Kewal Singh to leave said house. It is
stated that the petitioner is the brother-in-law of the said Shanta
Rani and it has been falsely alleged that the present petitioner
has an illicit relationship with Shanta Rani and that the petitioner
is not involved in any other case. Reliance has been placed upon
the judgment of the coordinate Bench of this Court in "State of
Punjab vs. Kamaljit Kaur alias Bholi and another" reported as
2008(2) RCR (Criminal) 562. It is further submitted that co-
accused of the petitioner, namely, Shanta Rani, has already been
granted the concession of anticipatory bail by this Court, vide
order dated 16.11.2022 passed in CRM-M-50421-2022.
Notice of motion for 22.12.2022.
In the meantime, in the event of arrest, the petitioner is
ordered to be released on interim bail subject to his furnishing
personal bonds and surety to the satisfaction of Arresting /
Investigating Officer. However, the petitioner 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."
Learned counsel for the petitioner has submitted that in
pursuance of the abovesaid order dated 06.12.2022, the petitioner has
joined the investigation.
Learned counsel for the State has submitted that the petitioner
has joined the investigation and is not required for any further custodial
interrogation.
Keeping in view the abovesaid facts and circumstances
moreso, the facts which have been noticed in abovesaid order dated
06.12.2022 and also the fact that the petitioner has joined the
investigation and is not required for further custodial interrogation, the
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present petition is allowed and the interim order dated 06.12.2022 is
ordered to be made absolute.
However, nothing stated above shall be construed as an
expression of opinion on the merits of the case and the trial would proceed
independently of the observations made in the present case which are only
for the purpose of adjudicating the present bail application.
December 22, 2022 ( VIKAS BAHL )
pawan JUDGE
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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