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2011 DIGILAW 331 (PNJ)

Vikas Ghiwali v. State Of Punjab

2011-01-27

ALOK SINGH

body2011
Judgment Alok Singh, J. 1. This is an application seeking regular bail in case FIR No. 83, dated 22.04.2010, under Section 306 IPC, registered at Police Station Division No. 6, Ludhiana. 2. Learned counsel for the petitioner has vehemently argued that petitioner- accused has been charged under Section 306 IPC on the basis of alleged suicide note left by the deceased in which it has been mentioned that accused was taunting the deceased for marrying in the poor family. Learned counsel has further vehemently argued that taunting or harassment or any cruel behaviour without any intention to derive the deceased to commit suicide will not amount to abetment as defined under Section 107 IPC, hence will not amount to an offence under Section 306 IPC. 3. Learned counsel for the petitioner has placed reliance on the judgment of the Apex Court in the matter of Sanju @ Sanjay Singh Sengar v. State of M.P., reported in 2002(2) R.C.R.(Criminal) 687 : (2002)5 Supreme Court Cases 371, in the case of Bhagwan Das v. Kartar Singh and others, reported in 2007(3) R.C.R.(Criminal) 87 : 2007(3) R.A.J. 93 : 2007(11) SCC 205, in the case of Sohan Raj Sharma v. State of Haryana, reported in 2008(2) R.C.R.(Criminal) 810 : 2008(2) R.A.J. 272 : AIR 2008 SCW 3202 and in the case of S.S. Cheema v. Vijay Kumar Mahajan and another, reported in 2010(4) RCR (Criminal) 66, as well as, judgment of this Court in the case of Ajay Singh Parveen and another v. State of UT, Chandigarh, in Criminal Revision No. 2823 of 2010, decided on 13.01.2011. 4. Prima facie, arguments advanced by the learned counsel for the petitioner have some force in view of the decisions cited by the learned counsel for the petitioner. However, without commenting on the merit of the case at this stage, it is directed that petitioner be released on bail to the satisfaction of the Trial Court.