MAAM GUJJAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.253 dtd. 3/11/2020 registered under Sec. 306 of the Indian Penal Code, 1860 (hereinafter to be referred as "the IPC") at Police Station City Batala, Police District Batala, District Gurdaspur. FIR, in the present case, has been registered on the statement of Preet wife of Arun Kumar @ Nannu and the said Arun Kumar @ Nannu is stated to have committed suicide on 2/11/2020 at about 4.45 pm and as per allegations in the FIR, the said Preet-complainant had submitted that she suspected that her husband had consumed some poisonous substance because he was upset with the petitioner, who had been threatening to kill the family of deceased by calling up from his mobile No. i.e. 7504300059 and on account of the said calls, the deceased was very upset for the last 1-2 days preceding the date of complaint and thus, had committed suicide.

(2.) Learned counsel for the petitioner has submitted that in the present case, FIR has been registered merely on the basis of suspicion and there is no prima facie material to connect the petitioner with the suicide of the deceased. It is further argued that neither there is any suicide note nor any dying declaration. It is also argued that the deceased had not made any complaint against the petitioner for any such alleged threat. Even the details of the threat have not been mentioned. It is also stated that in fact, SP(D), Batala and DSP City, Batala had conducted enquiry into the said FIR and found that the petitioner has no role to play. It is further argued that mobile number mentioned in the FIR i.e.7504300059 does not even belong to the petitioner. It is also submitted that even in case, the allegations in the FIR are taken on its face value, then also, they would not constitute the offence under Sec. 306 of the IPC as the ingredients of abetment as laid down in Sec. 107 of IPC are not attracted and thus, the offence of abetment is not made out against the present petitioner.

(3.) Notice of motion.