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(2020) Law Today Live Doc. Id. 15407 = 2020 L.A.R. (e-Suppl.) 1108
Decided on: 16.09.2020
Present:
Mr. Amandeep Singh Samra, Advocate for the petitioner.
Mr. Amit Mehta, Senior DAG, Punjab for the respondent-State.
(Case has been taken up through video conferencing in view of the outbreak of Pandemic COVID-19.)
Indian Penal Code, 1860 (45 of 1860), Section 306, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Abetment to suicide – Regular bail -- Marriage between the deceased and the petitioner was solemnized about 12 years before the alleged occurrence and the deceased committed suicide at the place of her brother and not in her matrimonial home -- Investigation is complete and the challan has already been presented – Petitioner is behind the bars since 08.06.2020 and the trial of the case is likely to take quite some time to conclude, especially in the circumstances when the functioning of the Courts has been restricted in the wake of the outbreak of Pandemic COVID-19 -- Without expressing any opinion on the merits, petitioner ordered to be released on regular bail.
(Para 4-6)
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MEENAKSHI I. MEHTA J. (ORAL) –
1. By way of instant petition, petitioner named Mandeep Singh @ Soni Singh has sought the relief of regular bail in the criminal case arising out of FIR No.78 dated 07.06.2020 registered at Police Station Chhajli, District Sangrur, under Section 306 read with Section 34 of the Indian Penal Code wherein the complainant, i.e., the brother of the deceased, has alleged that the petitioner (the husband of his deceased sister) and his co-accused harassed and tortured his sister and due to this reason, his sister committed suicide by consuming some poisonous substance.
2. Mr. Amit Mehta, Senior DAG, Punjab, has put in appearance on behalf of the respondent-State, in pursuance of the advance notice issued to the respondent.
3. Learned counsel for the petitioner as well as learned State counsel have been heard in the present petition.
4. Learned counsel for the petitioner contends that the marriage between the deceased and the petitioner was solemnized about 12 years before the alleged occurrence and the deceased committed suicide at the place of her brother and not in her matrimonial home. He further submits that the investigation is complete and the challan has already been presented and it being so, the petitioner deserves the relief of regular bail in this case.
5. Learned State counsel has not disputed or rebutted any of the above-discussed facts.
6. Keeping in view all the afore-discussed facts and circumstances and also the facts that the petitioner has been behind the bars since 08.06.2020 and the trial of the case is likely to take quite some time to conclude, especially in the circumstances when the functioning of the Courts has been restricted in the wake of the outbreak of Pandemic COVID-19 and without expressing any opinion on the merits of this case, it is ordered that the petitioner be released on regular bail, subject to his furnishing the requisite bail bonds/surety bonds, to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate.
7. The instant petition stands allowed accordingly.
Petition allowed.
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