KIRAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner under Sec. 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.194 dtd. 6/10/2019, for offence punishable under Sec. 306 of the Indian Penal Code (in short 'IPC') registered at Police Station Dehlon, District Ludhiana. Counsel for the petitioner has submitted that the petitioner is in custody since 13/11/2020 and he is not involved in any other case.

(2.) It is further submitted that the FIR was registered on the statement of one Amar Singh with the allegations that his son Balwinder Singh @ Raju has committed suicide and as per the suicide note, it is stated that the complainant side has purchased plot from Kiran Kumar (petitioner herein) and has given Rs.1.00 crore but the sale deed has not been executed and even the possession is not delivered and under that pressure, he has committed suicide and, therefore, it will be a matter of trial whether Sec. 306 IPC is made out or not. It is also submitted that in fact, as per the agreement qua 17 kanals 15 marlas of land, the petitioner paid Rs.9.00 lacs in total and it was a dispute arising out of non-performance of the agreement to sell and from the perusal of the FIR, nothing is made out as to how the petitioner has abetted Balwinder Singh, in such a manner that he had no option but to commit suicide.

(3.) Counsel for the petitioner has also submitted that the father of the deceased has, in fact, filed a suit regarding the dispute between the partners and later on, the same was withdrawn.