IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.29761-M of 2008
DATE OF DECISION : DECEMBER 8, 2008
DARSHAN SINGH ....... PETITIONER(S)
VERSUS
STATE OF PUNJAB .... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. GPS Bal, Advocate, for the petitioner(s).
Mr. CS Brar, DAG, Punjab.
AJAI LAMBA, J. (Oral)
This petition has been filed under Section 439 Cr.P.C. for bail
to the petitioner in case FIR No.231 dated 1.8.2008 lodged for commission
of offences under Section(s) 306 IPC, with Police Station, Kharar, District
SAS Nagar, Mohali.
It has been contended that the complainant is brother of
Sukhwinder Kaur. Allegation in brief is that Sukhwinder Kaur got married
to the petitioner in 1992. The two have two children aged 13 years and 11½
years. There is allegation that the petitioner is a drunkard and used to
harass and torture Sukhwinder Kaur, therefore, she consumed some
poisonous substance.
Learned counsel contends that per-se allegations of being a
Criminal Misc.29761-M of 2008 2
drunkard and causing harassment would not constitute abetment to
commit suicide as defined under Section 107 IPC.
It would be a moot question to be determined by the trial
court whether, per se, habit of drinking and causing harassment would
constitute abetment to commit suicide.
Without commenting on the merits of the case, the petition is
allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Mohali.
December 8, 2008 ( AJAI LAMBA ) Kang JUDGE