Darshan Singh Vs State of Punjab

High Court Of Punjab And Haryana At Chandigarh 8 Dec 2008 Criminal Miscellaneous 29761-M of 2008 (2009) 5 RCR(Criminal) 766
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Miscellaneous 29761-M of 2008

Hon'ble Bench

Ajai Lamba, J

Advocates

G.P.S. Bal, for the Appellant; C.S. Brar, DAG, Punjab, for the Respondent

Final Decision

Allowed

Acts Referred

Criminal Procedure Code, 1973 (CrPC) — Section 439#Penal Code, 1860 (IPC) — Section 107, 306

Judgement Text

Translate:

Ajai Lamba, J.@mdashThis petition has been filed u/s 439 Cr. P.C. for bail to the petitioner in case FIR No. 231 dated 1.8.2008 lodged for

commission of offences under Section(s) 306 IPC, with Police Station, Kharar, District SAS Nagar, Mohali.

2. It has been contended that the complainant is brother of Sukhwinder Kaur. Allegation in brief is that Sukhwinder Kaur got married to the

petitioner in 1992. The two have two children aged 13 years and 11= years. There is allegation that the petitioner is a drunkard and used to harass

and torture Sukhwinder Kaur, therefore, she consumed some poisonous substance.

3. Learned counsel contends that per-se allegations of being a drunkard and causing harassment would not constitute abetment to commit suicide

as defined u/s 107 IPC.

4. It would be a moot question to be determined by the trial court whether, per se, habit of drinking and causing harassment would constitute

abetment to commit suicide.

5. Without commenting on the merits of the case, the petition is allowed.

Bail to the satisfaction of CJM/Duty Magistrate, Mohali.

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