High Court Punjab-Haryana High Court

Darshan Singh vs State Of Punjab on 8 December, 2008

Punjab-Haryana High Court
Darshan Singh vs State Of Punjab on 8 December, 2008
       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