CRM-M 26857 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M 26857 of 2010 (O&M) Date of decision: 05.01.2011 Suresh alias Soshi ....Petitioner Versus State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. R.S. Mamli, for the petitioner. Mr. Gaurav Dhir, DAG, Haryana. Mr. Ashwani Verma, Advocate, for the complainant. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) This is an application seeking regular bail in FIR No.151 dated 27.4.2010 under Sections 306/34 IPC at Police Station Ratia, District Fatehabad. Case against the petitioner is that he was having illicit relations with Sukho wife of the deceased and in spite of telling he has not mend his ways and kept on having illicit relations with Sukho and that is why deceased has committed suicide. Learned counsel for the petitioner vehemently argued that challan has been submitted and charges have already been framed. He has further stated that committing suicide because of illicit relationship of the wife with the accused will not amount to abatement as defined under Section 107 of the Indian Penal Code. Learned counsel for the CRM-M 26857 of 2010 (O&M) -2- petitioner has placed reliance on the judgment of this Court in the matter of State of Punjab Vs. Kamaljit Kaur alias Bholi reported in 2008(2) RCR(Criminal) 562 and on the judgment of the Hon'ble Apex Court in the matter of Sohan Raj Sharma Vs. State of Haryana reported in 2008 (2) RCR(Criminal) 810. Mr. Ashwani Verma, learned counsel appearing for the complainant has argued that body of the deceased was having some injuries, hence it is a case of murder not suicide. On being asked, learned Deputy Advocate General, Haryana, Mr. Gaurav Dhir, has stated that after due investigation challan has been submitted under Sections 306/34 IPC and investigating agency has not found case of murder. On being asked, learned counsel for the complainant has stated as yet no step has been taken by the complainant complaining the case of murder. Considering entire facts and circumstances of the case, present petition is allowed. Let petitioner be released on bail to the satisfaction of the learned Trial Court. (Alok Singh) Judge January 05, 2011 R.S.