Punjab-Haryana High Court
Rohit Kumar Alias Roshan Lal vs State Of Punjab on 20 November, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:151944
CRM-M-57699-2024 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
124 CRM-M-57699-2024
DATE OF DECISION: 20.11.2024
ROHIT KUMAR ALIAS ROSHAN LAL ...PETITIONER
Versus
STATE OF PUNJAB ... RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. A.S. Manaise, Advocate for the petitioner(s).
Mr. Jaspal Singh Guru, AAG, Punjab.
***
SANDEEP MOUDGIL, J (ORAL)
1. Relief Sought
This petition has been filed under Section 482 of BNSS
for grant of anticipatory bail in FIR No. 68 dated 15.10.2024 registered
under Sections 108 and 3(5) of the BNS, P.S. Qadian, P.S. Batala,
District Gurdaspur.
2. Prosecution story, set up in the present case as per the
version in the FIR read as under :-
'Statement of Ashwani Kumar son of Sohan Lal resident of
Nathpur, aged about 30 years, mobile number 77173-16013.
Stated that I am a resident of abovesaid place. We are two
brothers and one sister. My elder sister Dimple Kumari is
married to Roshan Lal son Sita Ram resident of Behrampur
Road, Gurdaspur. Younger to her is brother Jatinder Kumar who
is unmarried and unfortunately died on 01.05.2019 in a road
accident and Rs.22,83,000/- was received as his claim. My
mother Rajwant Kaur died on 14.12.2020. My marriage was
solemnized on 27.01.2023. After some time of my marriage, my
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father got angry with us and started residing in a rented
accommodation in Village Nathpur. Out of my brother's claim
amount, Rs.14 lakh were borrowed by my sister Dimple Kumari
wife of Roshan Lal, and Roshan Lal son of Sita Ram residents of
Behrampur Road, near HRA School, Gurdaspur for laying stone
in their house. On 14.10.2024 my father called me on phone and
told that Dimple and her husband are not returning Rs.14 lakhs
borrowed by them. I also went to their house in Gurdaspur but
Dimple and her husband Roshan Lal insulted
me and asked me to go from their house. They have compelled
me to die. Now I don't want to live. After hearing all this, I made
my father understand that don't take this step. Then on
14.10.2024 at around 6:10 PM, I received a call from Kirpal
Singh alias Malli son of Shri Daulat Ram resident of Nathpur
who told me that your father Sohan Lal has ended his life by
hanging himself with a fan with a parna/cloth around his neck
so come home. I am doing a private job as Nursing Staff at
Good Life Home Care, Kakowal Road, Ludhiana. At that time, I
was on my duty. Today on 15.10.2024 I alongwith my neighbour
Kirpal Singh alias Malli son of Dolat Ram, resident of Nathpur
have come to you in police station. I am Claimant. Legal action
be taken against my sister Dimple Kumari wife of Roshan Lal
and Roshan Lal son of Sita Ram residents of Behrampur Road,
Near HRA School, Gurdaspur. Sd/- Ashwani Kumar abovesaid,
Attested Sd/- Mangal Singh ASI, Police Station Qadian, dated
15.10.2024.
3. Contentions
On behalf of the petitioner
Learned counsel for the petitioner has disputed the
veracity of facts asserting that the deceased used to sign in English
language and never used Hindi language to put his signature on any of
his documents. As far as role of the complainant is concerned, he
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already stands disinherited by the deceased-father and due to this, the
instant FIR against the present petitioner as well as the daughter of the
deceased who is on her family way has been registered. He has put
reliance upon the order dated 13.11.2024 passed by this Court in CRM-
M-56548-2024 whereby the co-accused-Dimple has been granted
concession of anticipatory bail.
On behalf of the State
Learned State Counsel appearing on advance notice on
instructions from Investigating Officer vehemently opposes the prayer
for grant of concession of anticipatory bail stating that the suicide note
specifically mentioned the name of the petitioner and co-accused and
apart from that, the complainant has lodged the FIR wherein telephonic
conversation had taken place between the deceased and the
complainant on 14.10.2024 and during that conversation, the deceased
had informed the complainant about harassment caused at the hands of
the accused persons.
4. Analysis
Be that as it may, having regard to the admitted facts that neither the
specimen of the handwriting of deceased was collected nor the mobile phone
of the deceased has been taken into possession by the police to assert
whether any call had actually taken place between the complainant and the
deceased on 14.10.2024 and moreso, to ascertain the language in which the
deceased used to sign. A copy of judgment passed by MACT, Gurdaspur
has also been placed on record (Annexure P-3) wherein in the cross
examination during the trial in that case it is on record that the deceased
signed in English language. Keeping in view these facts, this
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Court is of the view that custodial interrogation of the petitioner is not
required and nothing incriminating material has been produced by the
State so far to get his custodial interrogation. Hence, this Court finds no
reason to deny the petitioner the concession of anticipatory bail, wherein
the petitioner has bona fide intentions and is willing to join the
investigation and cooperate for furtherance of the same so that the final
report can be submitted by the Investigating Agency within the stipulated
time period.
5. Decision
Hence, in view of the admitted set of circumstances before
this Court, the petitioner is hereby directed to be released on
anticipatory bail subject to him joining investigation and reporting to
the Investigating Officer concerned within a period of one week from
today, on furnishing of personal/surety bonds to the satisfaction of
Arresting/Investigating Officer. The petitioner shall also abide by the
terms and conditions as envisaged under Section 482(2) of BNSS of
which are reproduced below :-
'When the High Court or the Court of Session makes a direction
under sub-section (1), it may include such conditions in such
directions in the light of the facts of the particular case, as it
may think fit, including-
(i) a condition that the person shall make himself available for
interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly,
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer;
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(iii) a condition that the person shall not leave India without the
previous permission of the Court;
(iv) such other condition as may be imposed under sub-section
(3) of section 480, as if the bail were granted under that
section.'
However, it is made clear that in case the petitioner does
not comply with the aforesaid direction of joining the investigation
within one week, the order passed by this Court today shall
automatically stand cancelled.
The petition in the aforesaid terms stand allowed.
(SANDEEP MOUDGIL)
JUDGE
20.11.2024
anuradha
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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