Criminal Misc. No. M-4908 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4908 of 2011 Date of decision : March 28, 2011 Gulzari Lal and others ....Petitioners V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Vivek Goel, Advocate for the petitioners. Mr. Arshvinder Singh, Deputy Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioners vide FIR No. 11 dated 19.01.2011 under Sections 306, 506 & 34 IPC at Police Station Phillaur, District Jalandhar. Learned counsel for the petitioners has argued that from the perusal of FIR, it is clear that no case for abetment to suicide is made out and thus the petitioners deserve the concession of pre-arrest bail. Learned State counsel has, however, opposed the prayer. He submits that petitioners No. 2 & 3 who appeared before the investigating officer pursuant to ad-interim bail granted by this court did not cooperate with the investigating agency. Petitioner No. 1 qua whom petition was dismissed did not surrender. He submits that in view of allegations in the FIR, suicide note recovered during investigating and statement of Ashwani Criminal Misc. No. M-4908 of 2011 2 Kumar recorded by the investigating agency, the petitioners are not entitled to concession of pre-arrest bail. I have heard learned counsel for the parties. A complaint was submitted by Bablu Kumar Banotra to the police on 19.01.2011 alleging that his father namely Kimiti Lal who was working as post man in the post office had committed suicide due to harassment meted out to him by the accused-petitioner. He alleged that on December 11, 2010 one Manga s/o Gulzari Lal had enticed his mother and eloped with her on December 11, 2010 and when she did not returned, father of the complainant was very upset. Manga was extending threats on phone (mobile No. 98143-29391). The father of Manga namely Gulzari Lal even went to the extent of saying that mother of the complainant had become their daughter in law and thus their house be transferred in their name. Similar role was played by petitioners No. 2 & 3. On 18.01.2011 Gulzari Lal had come to the house of complainant at about 10.00 a.m. and threatened his father that he should vacate his house. On 19.01.2011 when the complainant got up in the morning at about 8.00 a.m., he found his father had hanged himself from the ceiling by a plastic rope. Suicide note was found near the dead body. He attributed clear cut role to the petitioners in harassing and humiliating him. Later the investigating agency also recorded the statement of Ashwani Kumar in whose presence threats were extended. In view of the statements of complainant and Ashwani Kumar recorded by the investigating agency and the suicide note, I am of the considered view that petitioners are not entitled to the concession of pre- arrest bail. The petition is devoid of merit and is hereby dismissed. Criminal Misc. No. M-4908 of 2011 3 Case diary be returned to the investigating officer. March 28, 2011 (RAJAN GUPTA) Ajay JUDGE