HARINDERPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard.For the reasons mentioned in the application, the same is allowed. Documents Annexures P3 and P4 are taken on record, subject to all just exceptions.

(2.) This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner - Harinderpal Singh, an accused in FIR No.94 dated 7.9.2019 for the offences under Sections 306 , 120-B IPC, registered with Police Station Ghuman, Police District Batala, District Gurdaspur.

(3.) Briefly stated, the facts of the case as per the prosecution version are that, criminal machinery in this case was set into motion by complainant Rajwinder Kaur wife of Lakhwinder Singh, aged 48 years, resident of village Pandori, Police Station Ghuman, who in the statement got recorded by her with the local police stated that her son Satnam Singh had contracted a Court marriage with Simranjit Kaur daughter of Harinderpal Singh (present petitioner), resident of Kotli Tadia, P.S. Ghanie Ke Bangar on 28.4.2019; that marriage was performed with the consent of both the families; Simranjit Kaur had cleared IELTS examination and expenditure for the same was borne by Satnam Singh son of the complainant; the couple wanted to migrate to Australia and had contracted a travel agent for that purpose; for showing a good financial status of the couple, a joint account was opened with the bank in the name of Satnam Singh and Simranjit Kaur, whereas a second account was opened in the name of Harinderpal Singh, father of Simranjit Kaur with Indian Bank, Mullapur Dakha, District Ludhiana; a sum of Rs.18 lakhs was deposited in the joint account of Satnam Singh and Simranjit Kaur, whereas a sum of Rs.17 lakhs was deposited in the account of Harinderpal Singh; the travel agent had taken cash amount of Rs.3.5 lakhs from the complainant for reflecting that money in those bank accounts; after showing the money, one cheque was to be given by Satnam Singh and Simranjit Kaur; another cheque was to be given by Harinderpal Singh; Satnam Singh and Simranjit Kaur had given the cheque, however, Harinderpal Singh refused to do so. According to the complainant as per the agreement arrived at between them and the agent, the agent had to take back the said money because it was he who had put this money into the account for showing the funds; since Harinderpal Singh had refused to return the money, therefore, Satnam Singh used to remain upset and he had told the complainant that for the said reason, he would commit suicide. According to the complainant, the family members of Simranjit Kaur started saying that it was only a temporary marriage between her and Satnam Singh and Simranjit Kaur be sent back to her parental house, however, the money would not be returned by her father; on 7.9.2019 at about 12:00 noon, Satnam Singh prepared a live video from his mobile phone, wherein he had stated that he was going to strangulate himself at the tubewell of Gian Singh; then her daughter-in-law Simranjit Kaur, her husband Lakhwinder Singh and 4-5 other persons from neighbourhood had gone to the disclosed place and found that Satnam Singh had strangulated himself by putting a rope with the pipe of motor; he had died and was brought home.