Punjab and Haryana High Court: Gurvinder Singh Gill, J. allowed the anticipatory bail petition in a suicide case.
A petition was filed for the grant of anticipatory bail for the FIR registered for the offence committed under Section 365 of the Penal Code.
The brief facts of the case were that complainant’s sister was married for about 22-23 years and was repeatedly beaten by her in-law and thus she left the house and was residing at her paternal house. The complainant’s sister was threatened to be killed by the petitioner and one day when went missing. On her search, a suicide note was found. It was thus alleged that the petitioner had killed the complainant’s sister.
Manu Loona, Counsel for the petitioner submits that he was falsely implicated and that the complainant’s sister was living at her own will at her parental house. It was further submitted that complainant sister committed suicide under depression and also presented the suicide note in which she has not blamed anyone for such action.
Kirat Singh and Peeush Gagneja, Counsel for State and Complainant submit that case where the dead body was recovered and since apparently the relations between the deceased and the petitioner were not cordial as the deceased had recently filed an application under the Domestic Violence Act, the involvement of the petitioner was prima facie evidence. It was further submitted that the handwriting and signature existing on the suicide note did match the complainant’s handwriting and signature.
The court opined that case especially the fact that as per the suicide note, the deceased has virtually given a clean chit to the petitioner and has stated that she was committing suicide on account of her mental pressure and problem; in my opinion it is not a case warranting custodial interrogation. The petition was allowed and the petitioner was directed to abide by the conditions provided under Section 438(2) of the Code of Criminal Procedure. [Balveer Singh v. State of Punjab, 2019 SCC OnLine P&H 1529, decided on 27-08-2019]
