Crl. Misc. No. M-32492 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-32492 of 2009 (O&M) Date of decision: January 21, 2010 Majid Khan ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. SPS Sidhu, Advocate, for the petitioner. Mr. APS Brar, Sr. DAG, Punjab. GURDEV SINGH, J. Petitioner, Majid Khan son of Mithu Khan, has come up with the present petition under Section 439 (1) of Cr.P.C. for grant of regular bail for the offence under Section 306 IPC, in respect of which FIR No. 24 dated 2.4.2009 was registered at Police Station Badhni Kalan, District Moga, and for which he is standing his trial before the Additional Sessions Judge, Moga. This FIR was registered on the basis of the statement of Lal Deen, father of the deceased, and he came out with the version that his daughter was married to the accused, who was having illicit relations with another woman and on that account, he used to beat and harass the deceased and it was a result of continuous harassment and beatings that she committed suicide. It is not disputed that immediately after the death of the deceased, DDR at serial No. 19 was recorded in this very police station on the statement of Iqbal Deen, who is brother of the deceased. He came out with the version that the deceased was upset and committed suicide on that Crl. Misc. No. M-32492 of 2009 2 account. It has been submitted by the State counsel that, in fact, a compromise was entered into between the parties. During the inquest proceedings, this statement was made by the brother of the deceased. In that compromise also, it was never mentioned that there was such harassment or beatings to the deceased by the accused on account of his illicit relations with other woman. The complainant, who is the father of the deceased, got the FIR lodged on 2.4.2009 after 1-1/2 months of the death of the deceased. For the delay, he gave the reason that all his family members were under shock due to the death of the deceased. That fact is to be appreciated during the trial. For the disposal of the present application, it is to be seen that in the first version, the family of the deceased never came out with the allegation on the basis of which it could be said that it was the accused who abetted the deceased to commit suicide. They came up with aforesaid version after 1- 1/2 months. Trial is still in progress and the conclusion thereof will take some time. The petitioner is coming in custody since 1.9.2010. Keeping in view the above circumstances and without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is admitted to bail to the satisfaction of the trial court. January 21, 2010 (GURDEV SINGH ) prem JUDGE