JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the first petition filed by the petitioner under Sec. 439 of Cr.P.C. for grant of regular bail in case FIR No.120, dtd. 8/6/2020 registered for offence under Sec. 306 of IPC, 1860, at Police Station Dhakauli, District SAS Nagar, Mohali.

(2.) FIR, Annexure P-1, came to be registered on the statement of Rajinder Singh @ Raju on the allegation that about 15 days earlier, he had given a room on rent in his premises to a couple, who claimed to be married and identified themselves as Jaswinder Singh (present petitioner) and Madhuri, after police verification. Jaswinder Singh used to stay in the room during the daytime and leave at night, however, he has not been coming for the last few days and his wife Madhu @ Madhuri used to remain under-depression. On the fateful day, he found Madhuri hanging from a fan in the rented room and immediately called up the police. A diary was found lying on the bed, wherein a suicide note was written in Devanagri script holding Jaswinder Singh responsible for the death.

(3.) Counsel for the petitioner contends that the entire prosecution case is based on the alleged unsigned suicide note written in a diary, but its genuineness and veracity is yet to be ascertained. It is his argument that though the petitioner had helped the deceased to look for and take the room on rent, yet he is neither responsible nor has he instigated her to commit suicide. Counsel asserts that the deceased was already married and for the last more than a year staying separately from her husband due to estrangement. He submits that the petitioner, who is a married man with a family and has unblemished past, is in custody since 8/6/2020 and deserves to be released on bail as he is no longer required for custodial interrogation.