CRM-M- No.5034 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M- No. 5034 of 2011 (O&M) Date of Decision : March 14, 2011 Kuldeep Singh ..... Petitioner Versus State of Punjab ...... Respondent **** CORAM : HON'BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local news papers may be allowed to see judgement ? 2. To be referred to reporters or not ? 3. Whether the judgement should be reported in the Digest ? Present : Mr. A.P.S. Deol, Senior Advocate with Ms. Aman Kaur, Advocate, for the petitioner. Ms. Bhawana Gupta, DAG, Punjab, for the State. Ms. Maninder Kaur, Advocate, for the complainant. **** Alok Singh, J (Oral) This is an application seeking regular bail in case FIR No.192 dated 16.9.2010, under Section 306 of Indian Penal Code, registered at Police Station Machhiwara, District Ludhiana. Learned counsel for the petitioner vehemently argued that deceased- Pawan Kumar was mentally disturbed and depressed, hence, he had committed suicide by jumping from Airtel tower. Learned counsel for CRM-M- No.5034 of 2011 (O&M) 2 the petitioner having placed reliance on the judgment of the Apex Court in the matter of Bhagwan Das vs. Kartar Singh and others, reported in 2007 (3) RCR (Criminal) 87 has argued that cruelty or harassment as alleged against the petitioner without any mens rea to derive the deceased to commit suicide shall not be an abetment as defined under Section 107 IPC. Mr. Deol while placing reliance on the judgment of the Apex Court in “State of Kerala Versus Raneef, 2011 (1) RCR 381”, has argued that in the event of rejection of the bail application, period spent in the jail during the trial cannot be restored to the petitioner-accused in the event of his acquittal. Mr. Deol has further rightly argued that there is no likelihood to tamper with the evidence. Considering totality of the facts and circumstances of the case, present petition is allowed. Let petitioner be released on bail to the satisfaction of the Trial Court. (Alok Singh) Judge March 14, 2011 Anand