Crl. Misc. No. M-17926 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-17926 of 2009 (O&M) Date of Decision : September 09, 2009 Jagga Ram s/o Budh Ram .... Petitioner Vs. State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH *** Present : Mr. S.K.Arora, Advocate for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that the petitioner and the deceased were married about 15 years back. Out of the wedlock, they have three children. He further contends that the allegations against the petitioner are that he had instigated the deceased to commit suicide. He contends that the only allegation, which has been made as far as the petitioner is concerned isthat the husband and wife had quarrelled and because of that fight, the deceased has committed suicide. He contends that in the FIR itself it has come on record that the deceased Crl. Misc. No. M-17926 of 2009 (O&M) 2 used to go to her parental house after quarrelling on small issues and on 25.01.2009 again, she had gone back to her parental house and the petitioner on 26.01.2009 went there and took her back to her matrimonial house. The incident is of 28.01.2009 when again the petitioner had called up the cousin brother of the deceased and informed him that he and deceased, namely, Bimla had a fight. After about 45 minutes thereafter, again a phone call was made that Bimla has left the house after quarrelling. Thereafter, the body of the deceased was found from the canal near the bridge and the FIR came into existence. He contends that no direct evidence has been recorded against the petitioner, which would either suggest that there was actually a fight between the petitioner and the deceased. He further contends that the petitioner was arrested on 05.02.2009 and he is in custody since then. There are total 11 prosecution witnesses, out of which only 1 has been examined and 10 prosecution witnesses are yet to be examined. He contends that there is no one to take care of the three children of the petitioner, therefore, the concession of bail may be granted to the petitioner as the trial is not likely to conclude soon. Counsel for the State, on instructions from ASI Bhupinder Singh, Police Station Sadar, Abohar, states that the next date of hearing before the trial Court is 25.09.2009. He further contends that no evidence, except for the phone call which the petitioner has made, has been collected which would suggest that there was indeed a fight between the petitioner and the deceased before the step of suicide was taken by the deceased. He, however, contends that the concession of bail may not be granted to the petitioner. All other assertions with regard to the witnesses cited and examined were not disputed by him. Crl. Misc. No. M-17926 of 2009 (O&M) 3 I have heard the counsel for the parties and without making any comments upon the merits of the case, in view of the fact that there is no direct evidence connecting the petitioner with the commission of crime and further that the petitioner is in custody since 05.02.2009 and there is no one to take care of his three children and the trial is not likely to conclude soon, the present petition is allowed. The petitioner is directed to be released on bail to the satisfaction of the trial Court. September 09, 2009 (AUGUSTINE GEORGE MASIH ) pj JUDGE