Cr.Misc. M 6513 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 6513 of 2011 Date of decision:14.9.2011 Suman petitioner vs State of Haryana respondent Present:- Mr. JS Bedi, Advocate. Ms. Shalini Attri, DAG, Hry M.M.S.BEDI, J. Petitioner Suman is wife of Hans Raj. She seeks the concession of regular bail in a case FIR No.1 dated 1.1.2010 registered at PS Jhajjar. She along with her husband Hans Raj is alleged to have committed the murder of deceased Renu, who had allegedly died by committing suicide on account of having been humiliated and raped by Som Bir, Bhagwan Dangi etc. as per suicide note found with her body, which was found with her body on the railway track. Father of Renu had lodged an FIR on the basis of said suicide note, where in it has been mentioned that she was raped by the above said persons. The FIR had been registered at the instance of Harswaroop alleging that his daughter Renu was M.A. B.Ed. On 31.7.2009 she had left her home for school for teaching but she did not return. Her body was found lying on the railway track near village Kheri District Jhajjar. A suicide note was recovered wherein she had mentioned that Bhagwan Dangi and Ombir etc. had caught hold of her and committed rape, as a result of which she had Cr.Misc. M 6513 of 2011 2 committed suicide. During the course of investigation, the persons mentioned in the suicide note had been exonerated and the petitioner and her husband were involved in the case on the basis of statement of one Saroop Singh, before whom husband of petitioner Hans Raj had allegedly made an extra judicial confession that he, on account of his enmity with Bhagwan Dangi, Sombir, Saroj and one another person, wanted to take revenge by involving them in the murder case. In order to achieve that object, he along with his wife called deceased Renu at his house on the pretext that they would get “handicap certificate” made for her from Jhajjar Hospital. She was given intoxicating tablet in milk and thereafter she was killed by strangulation and a suicide note was prepared for implicating Bhagwan Dangi, Sombir and Saroj. Learned counsel for the petitioner has contended that the petitioner being a lady has been falsely implicated in the case on the basis of extra judicial confession made by her husband before Saroop Singh, who is a close associate of the main accused, named by the father of the deceased in the FIR. It has been argued that the deceased had already a handicap certificate, as such, there was no reason for the deceased to come to the house of the petitioner for handicap certificate. It has been further contended that Hans Raj has filed a complaint in the court of SDJM, Charkhi Dadri, copy of which has been placed on record as Annexure P-4, for which reason he has been falsely implicated by the main accused. After hearing arguments in the case, the report of FSL was called for to find out whether the hand writing on the suicide note tallies with the hand writing of the petitioner. The report has been received in negative. The writing of the petitioner does not seem to tally with the writing on the suicide note of deceased Renu. It is not out of place to observe here that complainant has not pointed any finger regarding the Cr.Misc. M 6513 of 2011 3 culpability of the petitioner in the offence. It is only during the course of investigation that on the basis of some extra judicial confession made by Hans Raj before Saroop Singh that the petitioner has been involved in the case. Without expression of any opinion on merits of the case, it is sufficient to observe that the petitioner is a lady. The complainant is not pointing any finger towards her. The evidence collected against the petitioner seems to be weak in nature. It will be debatable during trial whether the petitioner can be said to have any motive against the main accused, named in the alleged suicide note or to kill the deceased with an intention to falsely implicate the persons mentioned in the suicide note. Accordingly, the petition is allowed and the petitioner is ordered to be released on bail on her furnishing bail bonds/ surety bonds to the satisfaction of the trial court. September 14 , 2011 (M.M.S.BEDI ) TSM JUDGE