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2014 DIGILAW 234 (RAJ)

Sanwar Mal v. State of Rajasthan

2014-01-20

KANWALJIT SINGH AHLUWALIA

body2014
JUDGMENT 1. - Present application has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in a case arising out of F.I.R. No.323/2013, registered at Police Station, Dadiya [Raghunathgarh], District Sikar, for commission of offence punishable under Section 306 I.P.C. 2. In the present case, the wife of the complainant had committed suicide. 3. Complainant made a grievance that accused came and had threatened him to handover the vacant possession of the land to the accused, as they had purchased land. Complainant has further alleged that since accused was threatening to him of dire consequences for delivering possession of the land his wife had committed suicide. 4. The learned counsel appearing for the petitioner has submitted that there is no allegation that the petitioner compelled, instigated, provoked or goaded the deceased to commit suicide. 5. Counsel appearing for the petitioner has further submitted that the alleged allegation of abetment of suicide will not fall under Section 107 I.P.C., which defines abetment. 6. Considering the nature of allegations, emerging in the prosecution case, the custodial interrogation of the present petitioner is not called for. 7. Consequently, the present application is accepted, and it is ordered that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer. The petitioner shall undertake to abide by the conditions specified under Section 438 (2) Cr.P.C. and shall appear before the Investigating Officer as and when called for.Bail application allowed. *******