CRM-M-No.26413 of 2011 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M-No. 26413 of 2011 (O&M) Date of decision: 13.10.2011 Sukhwinder and another .... Petitioners Versus State of Punjab ....Respondent CRM-M-No.30059 of 2011 (O&M) Kamal Kant .....Petitioner Versus State of Punjab ....Respondent CRM-M-No.24260 of 2011 (O&M) Kavita Rani ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI Present:- Mr.R.K. Dadwal, Saurabh Garg and B.S. Bhalla, Advocates for the petitioners. Mr. Deepak Goel, Advocate for the complainant. Mr. Jasdev Singh Brar, AAG, Punjab. ---- M.M.S. Bedi, J.(Oral) This order shall dispose of three petitions for pre-arrest bail, one CRM-M-No.26413 of 2011 filed by Sukhwinder and another, second CRM-M-No.30059 of 2011 filed by Kamal Kant and third CRM-M-No.24260 of 2011 filed by Kavita Rani. Amandeep Kaur wife of Kamal Kant had committed suicide being fed up with the taunts that she was living immoral life. Petitioner Sukhwinder is brother-in-law whereas, Asha Rani is mother-in-law and Kavita Rani is the sister of Kamal Kant who was married prior to the marriage of Kamal Kant and was staying at a different place. Kamal Kant is the husband of the CRM-M-No.26413 of 2011 (O&M) -2- deceased. The deceased had allegedly left a suicide note leveling allegations against all the petitioners that being fed up with the Kamal Kant and other family members, she committed suicide. Counsel for petitioner-Kamal Kant vehemently argued that the deceased had been staying separately with her parents at Phagwara. She left her matrimonial home for the last 1 ½ years prior to commit suicide. There can not be said to be any abetment by the petitioner. He argued that it is not a case where the petitioner could be said to have instigated or intentionally harass the deceased by any of his acts to persuade the deceased to commit suicide. It has been argued by counsel for the petitioner that Kamal Kant had been residing separately at the instance of the deceased but deceased still was not satisfied and had left the matrimonial home and staying with her parents where she committed suicide. After hearing counsel for the parties and appreciating the allegations and the wording in the suicide note beside taking into consideration the telephone calls immediately prior to the occurrence between the deceased and Kamal Kant, no ground is made out to grant the concession of pre-arrest bail to Kamal Kant. The application of Kamal Kant is dismissed. So far as other family members are concerned, it appears that it will be debatable whether the part attributed to them would constitute abetment for the suicide by Amandeep Kaur at her matrimonial home. The CRM No.M-26413 of 2011 filed by Sukhwinder and another and CRM No.M-24260 of 2011 filed by Kavita Rani are allowed and it is ordered that in case of their arrest, they will be released on bail to the satisfaction of the arresting officer subject to the condition that they will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation in any manner. (M.M.S. BEDI) JUDGE 13.10.2011 sonika