GURMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under Section 439 Cr.P.C. on behalf of the petitioner (Gurmit Singh), for grant of regular bail in case FIR No. 96 dated 10.10.2013 for offence under Section 306 read with Section 34 IPC registered at Police Station Nurpur Bedi, District Rupnagar on the statement of Gagandeep Singh, whose sister Parminder Kaur was married with petitioner about ten years back and from this marriage she had two sons. As per the allegations in the FIR, the petitioner was harassing his wife Parminder Kaur for the last about five years. On 10.10.2013, Parminder Kaur died due to consumption of some poisonous substance. About three days prior to her death, she had informed him (complainant) on telephone that the petitioner and his mother were harassing her and giving her beatings. Sukhjit Kaur, elder sister of the petitioner had been interfering in their family affairs. The complainant was busy in the treatment of his maternal uncle and assured his sister that he will come after few days to settle the dispute.

(2.) THE petitioner has been arrested in this case on 11.10.2013. Learned counsel for the petitioner has argued that there are no allegations as to how the petitioner has abetted the deceased to commit suicide. There is no suicide note. There was no allegation of demand of dowry or any other matter for the alleged harassment by the petitioner. The mother of the petitioner has already been allowed bail by this Court vide order dated 3.12.2013 passed in CRM -M -39994 -2013. He has relied upon the observations in the case of Bhagwan Das vs. Kartar Singh & Ors., 2007(11) SCC 205, wherein Hon'ble the Supreme Court has observed that mere harassment of wife by her husband due to differences or discord in the matrimonial home per se does not attract the provisions of Section 306 IPC.

(3.) KEEPING in view the fact that the marriage of the petitioner with deceased took place ten years back and from this marriage she had two children and further that there was no specific allegation of harassment or demand of dowry etc.; deceased had not left any suicide note; petitioner is behind the bar since 11.10.2013, the present petition is allowed. The petitioner (Gurmit Singh) is directed to be released on regular bail on his furnishing bail bonds and surety bonds to the satisfaction of the trial Court subject to the following conditions : -