Major Singh vs State Of Punjab
2022 Latest Caselaw 14500 P&H

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CRM-M-35091-2022


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                            CRM-M-35091-2022
                                            Date of decision: 16.11.2022

Major Singh

                                                              ...Petitioner
                                     Versus

State of Punjab

                                                          .....Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:-     Mr. Amaninder Singh Sekhon, Advocate,
              for the petitioner.

              Mr. Gurlal Singh Dhillon, AAG, Punjab.

HARNARESH SINGH GILL, J. (ORAL)

Through this petition, the petitioner seeks regular bail in case

FIR No.82 dated 03.05.2022, registered at Police Station Kotbhai, District

Sri Muktsar Sahib, under Sections 306 and 506 IPC.

As per the case of prosecution, on 02.05.2022, the complainant

and her son-Manpreet Singh (since deceased) were present in the house;

that the petitioner ignited fire in the garbage lying in his house and smoke

of which was coming towards the complainant's house; that Manpreet

Singh asked the petitioner to put the garbage outside, but he had threatened

Manpreet Singh that he would usurp their house and make them homeless.

Some litigation is also pending between the parties. Due to this animosity,

Manpreet Singh was in depression and, therefore, he had committed suicide

by consuming some poisonous substance.

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CRM-M-35091-2022

Learned counsel for the petitioner contends that the petitioner

has falsely been implicated in the present case; the petitioner has been in

custody since 04.05.2022; that the petitioner is a neighbour of the

complainant whose son committed suicide on 02.05.2022, and that no role

by an act of instigation or by doing certain acts to facilitate the commission

of suicide, has been attributed to the petitioner, which could be said to have

abetted the commission of suicide by Manpreet Singh. In fact, the

petitioner had given his house to the complainant party to organize a

langar, but the same had not been vacated. Learned counsel further

contends that suit for possession qua the aforesaid house, filed by the

petitioner against the complainant and others, was decreed on 23.03.2018.

The appeal preferred by the complainant against the judgment dated

23.03.2018, is still pending adjudication before learned Addl. District

Judge, Sri Muktsar Sahib.

On the other hand, learned State counsel, while opposing the

grant of bail to the petitioner, submits that the petitioner had actively

participated in the commission of the offence.

I have heard the learned counsel for the parties.

There is no suicide note left by the deceased. As stated above,

the civil suit filed by the petitioner against the complainant and others, has

already been decreed and an appeal preferred by the complainant is

pending adjudication before learned Addl. District Judge, Sri Muktsar

Sahib. The litigation is already pending between the parties.

Moreover, challan has already been presented. The petitioner

has been in custody since 04.05.2022. Trial is unlikely to conclude any

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CRM-M-35091-2022

time soon. Therefore, no useful purpose would be served by keeping the

petitioner behind the bars.

In view of the above, without commenting anything on the

merits, lest it should prejudice the case of either side, the present petition is

allowed and the petitioner is ordered to be released on bail on his

furnishing bail and surety bonds to the satisfaction of the learned trial

Court/Duty Magistrate.

16.11.2022                                     (HARNARESH SINGH GILL)
parveen kumar                                        JUDGE

                Whether reasoned/speaking?       Yes/No
                Whether reportable?              Yes/No




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