- (1.) This Court, on February 23, 2012, had passed the following order: The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioners in case FIR No. 16 dated 29.3.2011 registered at Police Station Gardhiwala, District Hoshiarpur, under Sections 306 and 511 IPC. Learned counsel for the petitioners contends that the petitioners are neighbours of Maninderjit Kaur, deceased, who had committed suicide after putting herself on fire. Learned counsel submits that Maninderjit Kaur had committed suicide for the reason that the petitioners had levelled an allegation against her that she had stolen the mobile phone. He further submits that a simple allegation will not constitute abetment under Section 107 IPC as the petitioners have neither incited nor urged nor provoked nor goaded the deceased to commit suicide. Learned counsel further submits that if the deceased is hypersensitive to the ordinary discord and bickerings in the life, the petitioners cannot be held liable for the offence under Section 306 IPC. Learned counsel has placed reliance upon S.S. Cheena v. Vijay Kumar Mahajan & Another,2010 4 RCR 66 to contend that in the case of similar allegations, Hon'ble the Apex Court had quashed the FIR. It is further submitted that the petitioner was found innocent during interrogation and has been summoned by the trial Judge after invoking Section 319 Cr.P.C. Issue notice of motion to the Advocate General, Punjab, for 12.3.2012. In case the petitioners appear before the trial Court, on or before 5.3.2012, they shall be released on interim bail. Counsel for the State, on instructions from Naresh Kumar ASI, Police Station Gardhiwala, District Hoshiarpur, states that the petitioners have appeared before the summoning Court and have been released on interim bail.
(2.) In view of the statement made by Counsel for the State, the present petition is accepted and the interim pre-arrest bail granted to the petitioners vide order dated February 23, 2012 is made absolute, subject to their furnishing fresh bail bonds to the satisfaction of the summoning Court.;