PARTAP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The epitome of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant petition for the grant of pre-arrest bail and emanating from the record is that, on 31.03.2014, Deepak Kumar(deceased) had committed suicide. In the wake of information, ASI Hawa Singh reached at the spot and collected the suicide note(Annexure P-2) and other articles of the deceased from his bag, wherein it was depicted that the petitioner was working as a property dealer, ten months prior to the present occurrence. Thereafter, he got the job of Magazine Reporter. He compelled the victim to prepare forged Driving License and Voter ID Cards to earn ill-gotten money. He blackmailed and compelled the victim to collect money by various illegal means from innocent persons and promised to pay his percentage (commission). According to the deceased that, neither the petitioner had fulfilled his promise, nor paid him his dues/amount. The deceased had listed various acts of commission of fraud committed by the petitioner, modus operandi to receive and misappropriation of the huge collected amount from different persons mentioned therein in the suicide note. Not only that, even the petitioner had taken the money from the deceased on the pretext that he would provide jobs to those persons, with whom, the deceased had promised to do so. It was claimed that he(petitioner) has neither managed jobs for them nor returned the amount, which had driven Deepak Kumar to commit suicide. Instead of reproducing the contents of entire suicide note(Annexure P-2) and in order to avoid the repetition of the facts, suffice it to say that very direct and serious allegations are assigned, that the petitioner had created such a tense atmosphere, which has driven the deceased to commit suicide.

(2.) Levelling a variety of allegations and narrating the sequence of events, in detail, in the suicide note(Annexure P-2), in all, the prosecution, inter alia, claimed that the petitioner has created such grave and serious circumstances, abetted and compelled Deepak Kumar, to commit suicide. In the background of these allegations and in the wake of suicide note, the present criminal case was registered against petitioner-Partap Singh son of Joginder Singh and his other co-accused, vide FIR No.101 dated 31.03.2014, on accusation of having committed an offence punishable under Section 306 read with Section 34 IPC, by the police of Police Station City Kaithal, in the manner described here-inabove.

(3.) Having exercised his right of bail and remained unsuccessful before the Court of Additional Sessions Judge, now the petitioner has preferred the present petition for the grant of pre-arrest bail in the indicated criminal case in this Court.