IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.25346-M of 2008 DATE OF DECISION : OCTOBER 21, 2008 VINOD ....... PETITIONER(S) VERSUS STATE OF HARYANA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Pawan Hooda, Advocate, for the petitioner(s). Mr. Sidarath Sarup, AAG, Haryana. AJAI LAMBA, J. (Oral) While issuing notice of motion, the following has been noticed:- “This petition has been filed under Section 439 Cr.P.C. for bail to the petitioner in case FIR No.389 dated 15.6.2008 lodged for commission of offences under Section(s) 306 IPC, with Police Station, City, Panipat. It has been pleaded that the petitioner was earlier married to Santosh and has five children. Subseqeuntly, the petitioner married to Seema (deceased) and has three children from the second marriage. Both the wives used to live together with their children and the petitioner in the same house. There was altercation between Santosh and Seema. Allegation is that the petitioner favoured Santosh. Seema committed suicide. As per the pleadings, Seema knew about the earlier marriage as all the above mentioned persons admittedly had been living Criminal Misc.25346-M of 2008 2 together. Learned counsel contends that whether the conduct of the petitioner would constitute abetment under Section 107 IPC, would be seen at the time trial.” Learned counsel for the respondent-State has not been able to dispute the facts as stated by the learned counsel for the petitioner as noticed in the order reproduced above. Learned counsel for the petitioner has further stated that the matter might end in compromise. Considering the nature of allegations and the nature of dispute itself, it would be a moot point to be considered by the trial Court whether abetment as defined under Section 107, Indian Penal Code, is made out or not. Having an altercation or the petitioner favouring the first wife, per se, would constitute abetment to commit suicide or not, can only be considered after leading evidence. Conclusion of trial is likely to take substantial time. Bail to the satisfaction of CJM Magistrate, Panipat. October 21, 2008 ( AJAI LAMBA ) Kang JUDGE