IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.15998-M of 2008 DATE OF DECISION : DECEMBER 10, 2008 VIKAS KUMAR ....... PETITIONER(S) VERSUS STATE OF HARYANA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Hemant Bassi, Advocate, for the petitioner(s). Mr. Sidarath Sarup, AAG, Haryana. Dr. Surya Parkash, Advocate, for the complainant. AJAI LAMBA, J. (Oral) This petition under Section 439, Code of Criminal Procedure, seeks bail in FIR No.10 dated 12.1.2008 under Sections 498-A, 406, 304-B, 302, 34, Indian Penal Code, Police Station, Barwala, District Hisar. The facts, in brief, as have been brought out by the learned counsel for the petitioner, are that the petitioner was married with Poonam on 30.1.2005. There was an issue – a son; namely, Modak. Modak was suffering from a serious eye ailment requiring cornea transplantation of which the success rate is 60%. It has been contended that Poonam was Criminal Misc.15998-M of 2008 2 under tremendous mental tension on account of ailment of her son. ` On 10.1.2008, Poonam left the matrimonial home with the child during early hours. Intimation was given in regard to this to Rajesh Chugh, cousin of Poonam. It seems that Rajesh Chugh gave an application, which was entered as DDR No.17 in Police Station, Barwala, and has been placed on record as Annexure P-2. It is the specific case set up on behalf of the petitioner that Poonam left a suicide note. The suicide note was brought to the notice of Rajesh Chugh, however, no reference was made in his statement. Be that as it may, the document (Annexure P-2) indicates that there was no allegation as against the petitioner or his other family members in regard to demand of dowry. It has also been brought out that the dead body was recovered on 12.1.2008 from Rajli Canal. The FIR was lodged on the same day with allegations not only against the petitioner and his mother but also against his maternal uncle, sister and her husband-Rajesh. Guided by the contents of the suicide note, a search was made around the canal. Learned counsel for the petitioner further contends that no proper investigation was conducted and the suicide note was not investigated. Be that as it may, the suicide note was taken into account for grant of bail to Ishwar Devi alias Ishwari Devi, mother in law of the deceased. In this regard, reference has been made to order (Annexure P- 5). Supplementary statement of Munish, brother of the deceased, was recorded on 18.1.2008, wherein again, a reference to the suicide note Criminal Misc.15998-M of 2008 3 has been made. Munish has admitted the suicide note, however, has tried to explain it by saying that the accused might have connived and forced his deceased-sister to write the note to defend themselves. The investigation file reveals that on 19.1.2008, the suicide note was handed over by Ishwar Devi alias Ishwari Devi at the time of her arrest. Learned counsel for the petitioner has also stated that the petitioner has been in custody since 18.1.2008. An application has been filed under Section 319, Code of Criminal Procedure, for summoning the three relatives, referred to above as additional accused. Even a criminal complaint has been filed in which the petitioner and other family members are being prosecuted. The contention of the learned counsel for the petitioner, therefore, is that a doubt has been created on account of ignorance of the suicide note by the Investigating Agency. When the defence is brought out, the suicide note would be established. The suicide note establishes innocence of the petitioner. Learned counsel for the respondent-State, to whom assistance has been given by the learned counsel for the complainant, states that there have been as many as three deaths in so much as Poonam was pregnant at the time when she died. The body of Modak is yet to be recovered and Modak might be alive and in the custody of the accused side. I have considered the issue. The material placed before the court is required to be considered only in the context of the prayer for bail. A perusal of the document (Annexure P-1) that has been Criminal Misc.15998-M of 2008 4 termed as a suicide note/dying declaration, indicates that the deceased declared that she was in depression due to eye problem of her child. The success rate of cornea transplantation is 60%. If the operation is not successful, more damage could be caused to the eyes of the child. Under these circumstances, a decision had been taken by the deceased to jump in a river and commit suicide. The note further states that there is no fault of any one in the matter. The action of suicide is in relation to the child and the deceased only. The parents or the in-laws are not at fault. Be that as it may, for reasons best known to the Investigating Agency, the suicide note has not been brought on the record of the investigation file although, admittedly, it has been referred to in the statement of the witness. No investigation in regard to the note, however, has been conducted. It seems that an application for further investigation was made from the side of the accused which, however, was declined. A petition was carried to this court also in the same context, which was withdrawn. I have also referred to order (Annexure P-5) passed by the Sessions Judge, Hisar, wherein, in para-8, it has been recorded “The police has not investigated the matter in the light of the suicidal note of the victim”. I have also taken note of the fact that although on 18.1.2008, Munish, brother of the deceased, had referred to the suicide note, however, the suicide note had been taken possession of on 19.1.2008, purportedly at the time of effecting the arrest of Ishwar Devi alias Ishwari Devi, mother of the petitioner. Criminal Misc.15998-M of 2008 5 Consideration of the facts show that, indeed, son of the petitioner and the deceased; namely, Modak, suffered from a serious eye ailment. The suicide note was brought to the notice of the Investigating Agency, however, no investigation in that regard has been conducted. Contents of the suicide note absolve the petitioner as the same indicate depressive mental state of the deceased on account of her son's eye ailment. The note has been mentioned even in the statements of witnesses i.e. relatives of the deceased. While allowing bail to Ishwar Devi alias Ishwari Devi, the suicide note was taken into account. Allegations in the FIR against Ishwar Devi alias Ishwari Devi and the petitioner are somewhat similar. Three of the persons implicated by the complainant have been found innocent by the Investigating Agency as no incriminating material could be collected against them during investigation. The investigation has been concluded and the petitioner is in custody since 18.1.2008. I have also considered that the trial is likely to take considerable time as an application under Section 319, Code of Criminal Procedure, is pending adjudication and if the same is allowed, de-novo trial would follow. Without expressing any opinion on the merits of the case, this petition is allowed. Bail to the satisfaction of the trial Court, Hisar. December 10, 2008 ( AJAI LAMBA ) Kang JUDGE