Cr.Misc. NO. M 2450 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 2450 of 2009
DATE OF DECISION : 25.3.2009
Sham Lal @ Sham Sunder
......PETITIONER
VERSUS
State of Punjab
......RESPONDENTS
PRESENT: Mr. Mrigank Sharma, Advocate
Ms. R.K.Nihalsinghwala, Sr.DAG. Punjab
Mr. Surinder Garg, Advocate.
M.M.S.BEDI,J.
The petitioner seeks the concession of regular bail in a case
registered at the instance of Asha Rani alleging that her husband Naresh
Kumar consumed poison as his brothers, sisters-in-law and nephew used
to harass him to get the possession of his house. So far as the petitioner is
concerned, he is jeth of the complainant and is alleged to have pressurized
his brother Naresh Kumar to such an extent that he was compelled to
consume poison.
Learned counsel for the complainant has vehemently opposed
the petition for bail contending that the petitioner is directly responsible for
the death of Naresh Kumar and that a false plea has been taken that the
deceased did not have good relations with the complainant Asha Rani.
I have heard learned counsel for the parties and perused the
record. The petitioner is alleged to have been responsible for the suicidal
death of Naresh Kumar. It will certainly be a moot point during trial whether
the role attributed to the petitioner would bring his act within the ambit of
Section 107 IPC to constitute abetment for suicide. Besides this the
Cr.Misc. NO. M 2450 of 2009 2
petitioner appears to be a patient of Tuberculosis. His presence in jail
along with his inmates might prove detrimental to them. He has been in
custody for the last three months. Challan has already been presented.
The petition is allowed and the petitioner is ordered to be
released on bail on furnishing bail bonds/surety bonds to the satisfaction of
the trial Court. It is specifically observed that in case the petitioner, at any
stage, makes an attempt to tamper with the evidence by threatening the
complainant, it will be open to the complainant or the State authorities to
file an application for cancellation of bail.
March 25 ,2009 ( M.M.S.BEDI ) TSM JUDGE