Criminal Misc. No. 53747 -M of 2007 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 53747 -M of 2007 Date of decision February 07, 2008 Manjit Kumar Dua .....Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. J.S.Bedi, Advocate for the petitioner Mr. Anter Singh Brar, Deputy Advocate General, Punjab for the respondent. Mr. Rahul Rampal, Advocate for the complainant. RAJESH BINDAL, J. The prayer made in this petition filed under Section 439 of the Code of Criminal Procedure ( for short “the Code”) is for grant of regular bail in FIR No. 235 dated September 05, 2007 registered under Sections 306,34, 120-B IPC at Police Station Division No. 5, Ludhiana. Learned counsel for the petitioner submitted that petitioner has been falsely implicated in the case. The deceased who was his wife was having suicidal tendency as there is earlier history of the same. The marriage between petitioner and the deceased was solemnized way back on May 28, 1985 and there are three grown children out of wed lock. Infact the suicide committed by his wife was on account of depression as she was working as Post Office Saving Agent and on account of fraud, she was feeling depressed. Even the allegations of rape had already been levelled by her against three persons, who were harassing her for return of their money for which even FIR No. 130 dated May 26, 2007 was also registered whereas she committed suicide on September 5, 2007. The submission is that even on the earlier occasion when she attempted to commit suicide, petitioner had lodged DDR with the Police. Thereafter compromise was Criminal Misc. No. 53747 -M of 2007 -2- **** also effected. On the other hand, learned counsel for the State as well as complainant submitted that charges against the petitioner are serious. Infact he has misused his wife for all his misdeeds. As the Post Office Agency could not be granted in the name of male member, it was the petitioner who got the same issued in the name of his deceased wife and was working and the entire money was misappropriated by him only. This entire story is created by him and infact it is a murder and not suicide. After the occurrence when the complainant reached at the house of the deceased, no one was present at the house that clearly shows that everything was not normal. Having heard learned counsel for the parties, I do not find it to be a fit case for grant of bail for the simple reason that inspite of so much allegations and tensions between the parties, they were living together. Even after the FIR registered by the deceased under Section 376 IPC on May 26, 2007 for the alleged occurrence, which started way back in 1999. In normal circumstances no husband would lodge a DDR against his wife even if she tries to commit suicide but in the present case the petitioner did the same as DDR to that effect was lodged on September 9, 2005. Thereafter apology was also signed. Number of communications were there. Nothing has come on record as to for what purpose, the deceased was misappropriating money or taking loans when there is nothing on record as to whether she was carrying on any business rather it seems that she was a household lady. The entire story built up by the petitioner, prima facie, does not inspire confidence. Accordingly, I do not deem it to be fit case for grant of bail at this stage and the same is dismissed. February 07, 2008 (Rajesh Bindal) Pka Judge