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(2021) Law Today Live Doc. Id. 16249
Decided on: 22.03.2021
Present:
Mr. Surjit Singh Swaich, Advocate for the petitioner.
Mr. Dhruv Dayal, Senior DAG, Punjab.
Mr. S.S. Dinarpur, Advocate for the complainant.
Indian Penal Code, 1860 (45 of 1860), Section 306, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment to suicide – Anticipatory bail -- Petitioner is the brother-in-law of the deceased -- Incident took place after seven years of the marriage -- It is alleged in the FIR that the deceased was being harassed by her in-laws and she consumed poison due to harassment by her husband -- Also contends that there is a delay of 24 hours in registering the FIR and there is no suicide note – Petitioner was directed to appear before the Investigating Officer and join the investigation -- Petitioner having joined investigation, the Covid-19 Pandemic, the order granting interim bail to the petitioner is made absolute.
(Para 2-6)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. The petitioner is seeking anticipatory bail in FIR No. 122 dated 26.12.2020, under Section 306 read with Section 34 of the Indian Penal Code, 1860, registered at Police Station Bhagwantpur, District Rupnagar.
2. Learned counsel for the petitioner contends that the petitioner is the brother-in-law of the deceased. The marriage had taken place on 27.01.2013 and, therefore, the incident took place after seven years of the marriage. It is alleged in the FIR that the deceased was being harassed by her in-laws and she consumed poison due to harassment by her husband. He also contends that there is a delay of 24 hours in registering the FIR and there is no suicide note.
3. Learned counsel for the complainant contends that in view of the serious allegations against the petitioner, he is not entitled to the concession of anticipatory bail.
4. This Court, by order dated 11.02.2021 had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of his arrest, he was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.
5. Learned State counsel, upon instructions from ASI Samarjit Singh, states that the petitioner has joined investigation.
6. In view of the above and the petitioner having joined investigation, the Covid-19 Pandemic, the order dated 11.02.2021 granting interim bail to the petitioner is made absolute.
7. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.
8. The petition stands disposed of.
Petition allowed.
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