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(2020) Law Today Live Doc. Id. 15714 = 2020 L.A.R. (e-Suppl.) 2203
Decided on: 14.12.2020
Present:
Mr. Manpreet Singh, Advocate for the petitioner.
Mr. Deepak Kumar Grewal, DAG, Haryana.
Mr. K. S. Saini, Advocate for the complainant.
Indian Penal Code, 1860 (45 of 1860), Section 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Abatement to suicide – Compromise between parties – Regular bail -- Allegation that deceased committed suicide on receiving threats by petitioner -- Considering the fact that petitioner is in judicial custody since 10.01.2020; he is not involved in any other case; the trial is not proceeding due to Covid-19 situation and also in view of the fact that matter stands compromised between the complainant and petitioner, the petition allowed -- Petitioner ordered to be released on regular bail.
(Para 5, 11)
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ARVIND SINGH SANGWAN, J. (ORAL) --
CRM-22659-2020
1. Allowed as prayed for.
2. Affidavit/compromise is taken on record as Annexure C-1.
CRM-M-16043-2020
3. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 16 dated 12.01.2019, registered under Section 306 IPC at Police Station Shahabad Markanda, District Kurukshetra.
4. Despite taking two dates, the FSL report regarding comparison of the handwriting of the deceased on the suicide note has not been filed.
5. Learned counsel for the petitioner submits that as per the allegations in the FIR, registered at the instance of complainant Pooja Devi, it is stated that her son Sunny committed suicide on receiving threats by petitioner Vicky @ Sanna.
6. Learned counsel for the petitioner further submits that investigation is complete; the petitioner is in judicial custody since 10.01.2020 and he is not involved in any other case.
7. Learned counsel for the complainant acknowledges that the matter stands compromised and the complainant has sworn in an affidavit (Annexure C-1) along with copy of her Aadhar Card to that effect.
8. Learned counsel for the complainant further submits that due to some misunderstanding, the name of the petitioner was given by the complainant.
9. Learned State counsel has not disputed the factual position but opposed the bail.
10. I have heard learned counsel for the parties.
11. Without commenting upon the merits of the case, considering the fact that petitioner is in judicial custody since 10.01.2020; he is not involved in any other case; the trial is not proceeding due to Covid-19 situation and also in view of the fact that matter stands compromised between the complainant and petitioner, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate, concerned.
Petition allowed.
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