Criminal Misc. No.M-56 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-56 of 2009 Date of decision: 18, 2009 Ajay Bansal ......Petitioner Versus State of Punjab and another .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.R.S.Cheema, Sr. Advocate with Mr.Sumeet Goel, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. Mr.Piyush Kant Jain, Advocate, for respondent No.2. **** SABINA, J. This petition has been filed by Ajay Bansal under Section 438 of the Code of Criminal Procedure (“Cr.P.C. for short) for grant of anticipatory bail in case FIR No. 172 dated 24.12.2008, under Sections 306/120-B/34 of the Indian Penal Code, registered at Police Station GRPS Ludhiana. Prosecution story, in brief, is that Ashok Kumar (husband Criminal Misc. No.M-56 of 2009 2 of Smt.Chanchal Rani, the sole proprietor of M/s Juneja Telecom) committed suicide because of harassment meted to him by Ajay Bansal-petitioner, Sales Manager Bharti Airtel Ltd. Contents of the suicide note left by the deceased (Annexure P-4) read as under:- “I Ashok Kumar after being tortured a lot is committing suicide because in my suicide Ajay Bansal, Sales Manager, Bharti Airtel is guilty. He stopped my entire payment of 29-30 lacs and after abusing me turned me out of the office and said that it is Bharti Airtel, you can do whatever you wish to. Only Ajay Bansal is responsible for my death, who has ruined me and I could not get money which was stopped by him and my whole business has been destroyed, due to Ajay Bansal. People in the world may forgive me.” On 27.1.2009, the following order was passed by this Court:- “Learned counsel for the petitioner has submitted that from the allegations in the FIR it is clear that no case under Section 306 of Indian Penal Code is made out. It was at the most a case of non-payment of dues and the petitioner could not be held liable for abetment of suicide. Petitioner was not present in Ludhiana on the alleged date of occurrence and had no talk with the deceased on the day of occurrence. Criminal Misc. No.M-56 of 2009 3 Learned State counsel requests for time to verify the documents placed on record to substantiate the plea of the petitioner that he was not present in Ludhiana on the day of occurrence. List again on 10.3.2009. In the meantime, in the event of arrest, the petitioner be admitted to interim bail subject to his furnishing personal bonds and surety to the satisfaction of the Arresting Officer. However, he shall join the investigation as and when called and shall abide by the provisions of Section 438 (2) Cr.P.C.” Learned State counsel, who is assisted by Mr.Piyush Kant Jain, Advocate for respondent No.2, has submitted that the petitioner has joined investigation but have opposed this petition on the ground that due to non payment of 29/30 lacs by the petitioner, deceased Ashok Kumar was forced to commit suicide as his whole business was destroyed. In response, learned counsel for the petitioner has submitted that as per letter dated 3.10.2008 (Annexure P-3) only Rs.13,43,532/- were due to be paid to the deceased and not Rs.29/30 lacs as alleged in the suicide note. As per 'No Claim Certificate' dated 25.7.2007 (Annexure P-2), distributor Juneja Telecom had received all claims up to 30.6.2007. As per Annexure P-6, the petitioner was not present in Ludhiana around 10.00 p.m. Criminal Misc. No.M-56 of 2009 4 and hence, the meeting of the petitioner with deceased at 2.00 p.m. on 23.12.2008 as mentioned in the FIR was falsified. In the present case, the petitioner has already joined investigation. Whether in terms of the suicide note ingredients for abetment of suicide are made out or not would appropriately be gone into and considered during trial. It would be just and expedient in the facts of the present case, without expressing any opinion on the merits of the case, to confirm the interim bail granted to the petitioner vide order dated 27.1.2009. Accordingly, this petition is allowed and the order granting interim bail dated 27.1.2009 is made absolute. (SABINA) JUDGE April 18,2009 anita