Criminal Misc. No. M-21760 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-21760 of 2010 Date of decision : 05.08.2010 Pardeep Kumar ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. D.S. Malwai, Advocate for the petitioner. Mr. Gaurav Dhir, Deputy Advocate General, Haryana. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 285 dated 05.06.2009 under Sections 306/109/34 IPC at Police Station City Thanesar, District Kurukshetra. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case. According to him, no case for abetment of suicide is made out and thus petitioner is entitled to the concession of pre-arrest bail. Learned State counsel has, however, vehemently opposed the prayer for bail. He submits that in the suicide note left by the deceased, specific role was ascribed to the petitioner. According to him, the petitioner built up pressure on the deceased which led to the commission of suicide. He submits that petitioner has been evading the process of law since the registration of FIR and despite arrest warrants issued against him, he did Criminal Misc. No. M-21760 of 2010 2 not submit to the process of law. He further submits that co-accused of the petitioner who have been referred in the suicide note were arrested by the investigating agency and petitioner is similarly placed as other accused. I have heard learned counsel for the parties. It is evident that in the suicide note left by the deceased, name of the petitioner figures and specific role has been assigned to him that petitioner along with co-accused (Saroj) hatched a conspiracy and spread the rumor that the deceased is a thief. Petitioner pressurized the deceased to work at Saroj Sari Center. The deceased has mentioned that he was constantly harassed and humiliated by the petitioner and instigated to commit suicide on several occasions. Petitioner cannot claim parity with co- accused (Davender) as his (petitioner's) name figures in suicide note and specific role has been attributed to him. Keeping in view the facts and circumstances of the case, I am of the considered view that petitioner is not entitled to concession of pre- arrest bail. The petition is devoid of merit and is hereby dismissed. August 05, 2010 (RAJAN GUPTA) Ajay JUDGE