CRM-M-31511-2011 :::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31511-2011 Date of Decision:26.11.2011 Ram Partap …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. G.S.Kaura, Advocate, for the petitioner. Mr. A.S.Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for grant of regular bail in a pending trial case registered vide FIR No.84 dated 07.08.2011, under Section 306 of IPC at Police Station Bahav Wala, District Fazilka. The FIR is registered by one Om Parkash who has alleged that his son-in-law Ram Partap (petitioner herein) has illicit relations with his elder brother’s wife Sona Devi because of which the petitioner’s relation with his own wife Santro Devi were not cordial. Santro Devi committed suicide on 20.03.2011 by setting herself at fire. Learned counsel for the petitioner submits that it is not a case where there is immediate provocation to the deceased to take her life on account of the alleged illicit relations. He refers to a decision of the Supreme Court in the case of M. Mohan v. State Tr. Dy. Supdt. Of Police, 2011(2) R.C.R. (Criminal) 272 in this regard. In this case, admittedly neither there is any dying declaration nor any suicide note by the deceased and the complainant had only raised a suspicion. The petitioner is in custody for the last 5 months, whereas the challan has already been presented. Moreover, he is neither a previous convict nor any other case is pending against him. 1 CRM-M-31511-2011 :::::::: After hearing both the learned counsel for the parties and keeping in view the facts and circumstances of the case, but without making any observation on the merits, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of the learned Trial Court. (RAKESH KUMAR JAIN) NOVEMBER 26, 2011 JUDGE vinod* 2