HANS RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is the first petition under Sec. 439 of Cr.P.C. for grant of regular bail in FIR No.36 dtd. 20/1/2021, under Sec. 306 IPC, registered at Police Station Narnaund, District Hisar.

(2.) Learned counsel for the petitioner has submitted that the petitioner is a 73 year old person and has been falsely implicated in the present FIR on the basis of the statement of daughter-in-law of the deceased-Rajender, namely, Santosh, which has been made only in order to usurp the land of the petitioner. It is submitted that the said Rajender, father-in-law of the complainant, had died on 17/5/2017 and at that time no complaint was filed before any authority and no postmortem was also conducted on the said deceased. The present FIR has been registered on 20/1/2021 after a delay of 31/2 years. It is submitted that in fact the present petitioner as well as the deceased, who are brothers, have jointly filed a suit for partition in the year 2012 and another civil suit was even filed by the petitioner restraining the deceased from interfering in the peaceful possession of the petitioner and the same was decreed on 17/10/2013 and the appeal therefrom was also dismissed. It is argued that a perusal of the FIR would show that it has been alleged that some sale deed has been got executed from the deceased under the influence of liquor and it has further been alleged that the land closer to the road has been taken by the petitioner. In this regard, it is submitted that qua the same land, civil suit of the petitioner has been decreed in his favour and even if the said allegations are taken to be true, then also they would still not constitute an offence punishable under Sec. 306 IPC as the petitioner has not instigated the deceased to commit suicide. It is further stated that the FIR has been registered apparently by the daughter-in-law in order to grab the property of the present petitioner. It is also submitted that the petitioner is not involved in any other case.

(3.) Learned State counsel on the other hand has opposed the present bail petition for regular bail and has submitted that although the death had taken place on 17/5/2017, but the complainant had moved a complaint on 8/9/2017 after she had found the suicide note and after the suicide note was verified, the present FIR has been registered. It is further submitted that from the FSL report it has come out that the suicide note is in the handwriting of the deceased and it is thereafter, the petitioner was arrested on 27/11/2021.