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SURESHWAR THAKUR, J. (ORAL) –

1. In FIR bearing No. 0072 of 27.9.2021, registered at Police Station Ghuman Kalan, District Gurdaspur, an offence constituted under Section 306 IPC, is embodied.

2. Though, in the FIR (supra), a purported instigatory role, became attributed to the bail applicants-petitioners, inasmuch as theirs goading the deceased to commit suicide. However, any imputation of an incriminatory role to the bail applicants-petitioners, in the FIR (supra), rather does not assume any preponderance over the provenly scribed holographic dying declaration, as made by the deceased. The dying declaration, as made by the deceased, is submitted by the learned State counsel, to be in his hands, and, also is stated to be carrying his valid signatures. The effect of the dying declaration (supra), is that, it comprises the most potent, and, best evidence, with respect to the inculpations made thereins qua the accused named therein, and, besides, the factum of it being a documentary piece of evidence, thereupon, too, any oral evidence contrary thereto, prima facie, at this stage, cannot be assigned any credence.

3. Since in the holographic made dying declaration, rather by the deceased, he did not name the petitioners to abet him to commit suicide. Thereupon any subsequent statement, as made by the deceased to any witness, becomes an oral dying declaration, and, its effect becomes completely subsumed besides becomes eclipsed within the realms of the scribed dying declaration (supra). Since in the scribed dying declaration, the deceased does not assign any inculpatory role to the present bail petitioners. Therefore, this Court does not deem it fit, and, appropriate to order for the custodial interrogation of the petitioners-bail applicants, as, thereupons their personal liberty would become unnecessarily fettered, and, curtailed.

4. Consequently, the bail applicants-petitioners are admitted to anticipatory bail, and, in the event of their arrest, they may not be arrested by the investigating officer concerned. However, subject to the bail applicants-petitioners furnishing personal, and, surety bonds in the sum of Rs. 50,000/- each, to the satisfaction of the arresting officer. Furthermore, the bail applicants-petitioners shall also give an undertaking before the arresting officer, that as and when they are summoned through a written Hukamnama, they shall ensure their rendering cooperation to the investigating officer.

5. The afore observations are meant only for the disposal of the present petition, and, shall not affect the merits of the trial arising from the FIR (supra).

Order accordingly.

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