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2014 DIGILAW 881 (PNJ)

Saluja v. State of Punjab

2014-05-20

M.M.S.BEDI

body2014
JUDGMENT Mr. M.M.S. Bedi, J. (Oral) - Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Jaswant Singh, the father of deceased Sandeep alleging that the petitioner being wife of Sandeep had slapped the deceased as a result of which he felt humiliated and committed suicide. 2. Counsel for the petitioner submits that the incident of alleged slapping is of October 20, 2013 whereas the occurrence is dated October 21, 2013. It has also been informed that the petitioner was on family way and was in the 6th month of pregnancy when the occurrence has taken place. After the death of her husband she has given birth to a male child. 3. Counsel for the complainant has intervened to oppose the petition for pre-arrest bail contending that the act of the petitioner had direct impact on the compulsion of the son of the complainant to commit suicide. He states that on account of shoddy investigation attempt is being made to help the petitioner. Counsel for the complainant has also alleged that it is a case where the deceased was allegedly having some extra marital relations with one Nisha Sharma and on account of said grievance, the petitioner had committed the murder of the deceased and thrown him in front of a running train in order to camouflage the circumstances He had urged that there was no imputation of any organ as a result of which a conclusion could be arrived at that the death was not on account of deceased having been run over by a running train. 4. I have considered all the facts and circumstances of the case. It will not be prudent to arrive at a conclusion at this stage that the death of Sandeep was caused by the petitioner and that he was thrown in front of running train on the basis of the averments of the complainant. The investigation is still in progress. It will be premature to arrive at a conclusion regarding the cause of death of Sandeep. The investigation is still in progress. It will be premature to arrive at a conclusion regarding the cause of death of Sandeep. Taking into consideration the fact that petitioner is a female who has to look after the minor child and it will be debatable whether her alleged act could be said to be an abetment within the definition of Section 107 of IPC; she having already joined investigation; chances of her escaping being remote, she could be granted the concession of pre-arrest bail. 5. Petition is allowed and it is ordered that in case of arrest of the petitioner she will be released on bail to the satisfaction of the arresting officer subject to the conditions that she will join investigation as and when required by the police and she will not tamper with the evidence or hamper the investigation in any manner. ---------0.B.S.0------------