Cr.Misc. NO. M 2450 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 2450 of 2009 DATE OF DECISION : 25.3.2009 Sham Lal @ Sham Sunder ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. Mrigank Sharma, Advocate Ms. R.K.Nihalsinghwala, Sr.DAG. Punjab Mr. Surinder Garg, Advocate. M.M.S.BEDI,J. The petitioner seeks the concession of regular bail in a case registered at the instance of Asha Rani alleging that her husband Naresh Kumar consumed poison as his brothers, sisters-in-law and nephew used to harass him to get the possession of his house. So far as the petitioner is concerned, he is jeth of the complainant and is alleged to have pressurized his brother Naresh Kumar to such an extent that he was compelled to consume poison. Learned counsel for the complainant has vehemently opposed the petition for bail contending that the petitioner is directly responsible for the death of Naresh Kumar and that a false plea has been taken that the deceased did not have good relations with the complainant Asha Rani. I have heard learned counsel for the parties and perused the record. The petitioner is alleged to have been responsible for the suicidal death of Naresh Kumar. It will certainly be a moot point during trial whether the role attributed to the petitioner would bring his act within the ambit of Section 107 IPC to constitute abetment for suicide. Besides this the Cr.Misc. NO. M 2450 of 2009 2 petitioner appears to be a patient of Tuberculosis. His presence in jail along with his inmates might prove detrimental to them. He has been in custody for the last three months. Challan has already been presented. The petition is allowed and the petitioner is ordered to be released on bail on furnishing bail bonds/surety bonds to the satisfaction of the trial Court. It is specifically observed that in case the petitioner, at any stage, makes an attempt to tamper with the evidence by threatening the complainant, it will be open to the complainant or the State authorities to file an application for cancellation of bail. March 25 ,2009 ( M.M.S.BEDI ) TSM JUDGE