CRM-M-8009 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8009 of 2011 (O&M) Date of decision: 17.05.2011 Davinder Singh @ Bittu ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. G.S. Sandhawalia, Advocate, for the petitioner. Mr. Jaspreet Singh, AAG, Punjab. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Present petition is filed seeking regular bail in case FIR No.3 dated 7.1.2010 under Sections 306/34 IPC, Police Station Adampur, District Jalandhar. Learned counsel for the petitioner states that petitioner was married to the deceased about 13 years back to the incident. He has further stated that wife of the petitioner has consumed the poison, which resulted in her death. Learned counsel has further stated that even cruel behaviour or harassment without mens rea to derive the deceased to commit suicide would not amount to instigate/abetment as defined under Section 107 IPC. He has placed reliance on the judgments of the Hon'ble Apex Court in the matter of Sanju @ Sanjay Singh Sengar Vs. State of M.P., (2002) 5 Supreme Court Cases 371, Bhagwan Das Vs. Kartar Singh & Ors., 2007(11) SCC 205, Sohan Raj Sharma Vs. State CRM-M-8009 of 2011 (O&M) -2- of Haryana, AIR 2008 SCW 3202 and Chheena Vs. Vijay Kumar Mahajan and another, 2010(4) RCR(Criminal) 66. Learned counsel further states that petitioner is in judicial custody w.e.f. 7.1.2010. He has further stated that now petitioner's mother has been summoned to face trial under Section 319 Cr.P.C. as an additional accused, therefore, trial is not likely to be concluded at the earliest. While placing reliance on the judgment of the Hon'ble Apex Court in the matter of State of Kerala Vs. Raneef, 2011(1) RCR (Criminal) 381 learned counsel has argued that if trial is not likely to be concluded at the earliest, petitioner is entitled to be enlarged on bail keeping in mind that in the event of rejection of the bail application, time spent in the jail during the trial cannot be restored to the accused in the event of acquittal of the accused by the trial Court. Without expressing any opinion on the merits of the case and considering totality of the facts and circumstances of the case, I direct that petitioner be released on bail to the satisfaction of the learned Trial Court. (Alok Singh) Judge May 17, 2011 R.S.