JUDGMENT Rajive Bhalla, J (Oral):-Prayer in this petition, filed under Section 439 of the Code of Criminal Procedure is for grant of regular bail, in case FIR No.94 dated 1.3.2005, registered under Sections 306, 34 IPC, at Police Station Sadar, Distt. Hoshiarpur. 2. The petitioner is the brother of Prem Chand, whose wife Gurmeet Kaur committed suicide 14/15 years after her marriage. A few days after registration of the FIR, the petitioner left for Dubai. Though, the challan was presented, the investigation against the petitioner was kept pending. The petitioner was declared a proclaimed offender and was eventually arrested on 31.12.2008. It would also be necessary to mention here that the allegations against the petitioner and his wife are more or less similar. After investigation, the petitioner’s wife was placed in Column No.2. During the trial, the prosecution filed an application under Section 319 of the Code of Criminal procedure praying for her summoning. However, this application was dismissed on 17.3.2006. The petitioner’s brother was eventually convicted under Section 306 IPC, whereas the other accused were acquitted. 3. Counsel for the petitioner submits that the petitioner has no role to play in the suicide of his brother’s wife. The allegations levelled against the petitioner and his wife are similar. The trial court has refused to summon the petitioner’s wife, as an additional accused. The other family members except the petitioner’s brother have been acquitted. It is further submitted that the petitioner has been behind bars since 31.12.2008 and as the trial is in progress, no useful purpose would be served by incarcerating him any further. 4. Counsel for the State of Punjab, submits that as the petitioner was declared a proclaimed offender and there is every likelihood of his leaving the country if released on bail. 5. I have heard learned counsel for the parties, perused the FIR and considered the arguments addressed by counsel for the parties. 6. The petitioner’s sister-in-law committed suicide. Her husband and the entire family of her in-laws, including the petitioner and his wife were implicated. The petitioner left for Dubai a few days after the aforementioned incident. During investigation, his wife was found innocent but during the trial, the prosecution filed an application for summoning her as an additional accused. The trial court vide order dated 17.3.2006 dismissed this application. The petitioner, however, did not join investigation and was declared a proclaimed offender.
The petitioner left for Dubai a few days after the aforementioned incident. During investigation, his wife was found innocent but during the trial, the prosecution filed an application for summoning her as an additional accused. The trial court vide order dated 17.3.2006 dismissed this application. The petitioner, however, did not join investigation and was declared a proclaimed offender. He was eventually arrested on 31.12.2008 and is behind bars ever since. The allegations relating to abetment of suicide would be determined during the trial. The apprehension that the petitioner may flee the country, can be addressed by directing the petitioner to deposit his passport before the trial court and file an undertaking that he would not travel abroad without the prior permission of the trial court. Bail to the satisfaction of Chief Judicial Magistrate/Illaqa Magistrate, Hoshiarpur. Nothing stated herein shall be construed to be an expression of opinion on the merits of the case. ----------------------