Punjab-Haryana High Court
Gurpreet Singh And Ors vs State Of Punjab on 28 September, 2022
CRM-M-35790-2022 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM-M-35790-2022
Date of decision:28.09.2022
Gurpreet Singh and others
... Petitioners
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR.JUSTICE VIKAS BAHL
Present: Mr. Raminder Singh Joon, Advocate for the petitioners.
Mr. Tarun Aggarwal, Sr. DAG, Punjab.
None for the complainant.
VIKAS BAHL, J. (ORAL)
Prayer in the present petition is for grant of anticipatory bail in
case bearing FIR No.57 dated 17.05.2022 registered under Section 306 of
the Indian Penal Code, 1860 at Police Station Kamboj, District Amritsar
Rural.
On 16.08.2022, this Court was pleased to pass the following
order:-
"Learned counsel for the petitioners inter alia contends
that in the present case, the alleged incident dates back to
26.11.2021 and the alleged suicide is stated to have been
committed on 17.05.2022. It is further submitted that the main
accused Baldev Singh, as per the FIR, has already been
granted the concession of anticipatory bail. It is contended
that initially, no evidence was found against the petitioners
and the FIR was only registered against said Baldev Singh. It
is further contended that even as per the FIR, it is the said
Baldev Singh who is stated to be the landlord/owner and thus,
it is apparent that the present dispute is a dispute between
landlord and tenant. It is argued that there is no suicide note
and thus, no offence under Section 306 of IPC is prima facie
made out. In support of his arguments, he has relied upon the
judgment passed by the Hon'ble Supreme Court in Gangula
Mohan Reddy Vs. State of Andhra Pradesh reported as
(2010) 1 SCC 750 and judgment passed by a Coordinate
Bench of this Court in State of Punjab Vs. Kamaljit Kaur @
Bholi and another reported as 2008(2) RCR (Criminal) 562.
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It is further argued that the petitioners are not involved in any
other case.
Notice of motion for 28.09.2022.
In the meantime, in the event of arrest, the petitioners
shall be released on interim 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.
Learned counsel for the State and complainant would be
at liberty to produce on record all the relevant documents on
the next date of hearing in order to show that the petitioners
are not entitled for grant of anticipatory bail.
(VIKAS BAHL)
16.08.2022 JUDGE"
Learned counsel for the petitioners has submitted that in
pursuance of the said order, the petitioners have joined the investigation.
Learned State counsel, on instructions from ASI Amarjeet
Singh, has submitted that the petitioners have joined investigation and are
not required for further investigation.
Keeping in view the above said facts and circumstances
moreso, the facts which have been noticed in the order dated 16.08.2022,
and also the fact that the petitioners have joined the investigation and are
not required for further investigation, the present petition is allowed and the
interim order dated 16.08.2022 is made absolute.
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 petition.
(VIKAS BAHL)
JUDGE
28.09.2022
ishwar Whether speaking / reasoned Yes/No
Whether reportable Yes/No
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