CRM-M No. 17563 of 2011 **** Janak Raj vs. State of Punjab Present: Mr.S.P. Garg, Advocate for r. SPS Sidhu, Advocate for the petitioner. Mr. S.S. Gill, DAG, Punjab. Mr.Jag Nahar Singh, Advocate for the complainant. **** This is a petition for anticipatory bail filed in case bearing FIR No. 37 dated 19.11.2010, under Section 306/34 IPC registered at Police Station GRP Sangrur, District Sangrur. On 02.06.2011 the following contention was noticed:- “ Learned counsel has argued that as per the FIR the allegation is that the petitioner had abetted the suicide by extorting money from the deceased but actually there were business dealings between the parties and the deceased owed huge amounts of money to the petitioner and the petitioner had even instituted cases under Section 138 of the Negotiable Instruments Act against the deceased. In these circumstances, as per learned counsel, custodial interrogation of the petitioner would not be necessary.” Learned DAG, on instructions from SI Baldev Singh, has accepted the fact that the petitioner had instituted cases under Section 138 of the Negotiable Instruments Act against the deceased. Learned counsel for the complainant has, however, argued that all those cases were false and it was only on account of this illegal pressure at the threats made by the petitioner that the deceased was compelled to commit suicide. In my opinion it is a matter of evidence. Of course, if the petitioner is found guilty of offence under Section 306 IPC, he would be CRM-M No. 17563 of 2011 -2- liable to suffer whatever punishment is meted out to him but at this stage without expressing anything on the merits of this case, this Court feels that the custodial interrogation of the petitioner would not be required. In the circumstances this petition is allowed. In the event of arrest of the petitioner, he is ordered to be released on bail to the satisfaction of SHO/Investigating Officer, subject to the conditions laid down in Section 438(2) Cr.P.C. ( AJAY TEWARI ) JUDGE July 22, 2011 sunita