Crl. Misc No. M-17022 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-17022 of 2009 Date of decision : 06.08.2009 Sibo and Others ....Petitioners V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sanjiv Gupta, Advocate for the petitioners. Mr. Shailesh Gupta, DAG Punjab. Mr. S.S. Rangi, Advocate for the complainant. RAJAN GUPTA J. (ORAL) This is a petition for regular bail in a case registered against the petitioners under Sections 306/120-B at police station Kotwali, District Patiala vide FIR No. 220 dated 26.05.2009. The FIR was lodged by one Rupi wife of Karan @ Kadu. According to her, she was married to the deceased about 7/8 years back and three children were born out of the wedlock. Due to certain dispute they were divorced 4/5 years back. However, later there was a compromise and started living together. On 16.05.2009, the husband of the complainant left the house and committed suicide by jumping in Bhakra Canal. His body was found from the said Canal near Tohana. The complainant levelled Crl. Misc No. M-17022 of 2009 2 allegations against her own parents, brother and maternal uncle stated that her mother new exoriscism and she regularly practice the same. It was due to exoriscism practice by mother of the complainant on the deceased that he was compelled to commit suicide. The relevant portion of the allegations levelled by the complainant reads thus :- “.....My mother Sibo had knowledge of Jadu-Tona, who had given in connivance with my father pal, brother Sukha, maternal uncle Mehndi, maternal uncle Moda, maternal aunt Darshana and one Tantrik of Ismailabad Mam Raj gave one Tabiz by mixing it into water, when our divorce took place and me and Karan, Mulakh Raj resident of nabha had taken us from Nabha police and in the presence of Mulakh Raj, the Tabiz was given to karan after mixing it into water. Due to this, Karan started feeling unwell. On 16.05.2009, my husband left the house without any information and when he did not return, we informed to Police Station, Kotwali, Patiala.......” Learned counsel for the petitioner has submitted that allegations levelled in the FIR are not only vague but are based on apprehension of the complainant. Moreover, the same relates to practice of exoriscism which does not have any scientific basis. Learned counsel for the State has, however, opposed the bail of the petitioners on the ground that allegations against the petitioners are serious in nature. However, learned counsel submits that investigation of the case has been completed and challan has been presented in the competent court where the trial ensued. Keeping in view the facts and circumstances of the case, particularly the fact that entire FIR is based on the practice of exoriscism Crl. Misc No. M-17022 of 2009 3 (jadutonna), I am of the considered view that petitioners deserve to be enlarged on bail during the pendency of the trial. Accordingly, the petition is allowed and the petitioners are ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate, Patiala. Nothing observed hereinabove shall be considered to be an expression on the merits of the case. 06.08.2009 (RAJAN GUPTA) Ajay JUDGE