SUNIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in case FIR No.246, dated 27.11.2005, registered under Section 302/34 of the IPC, at Police Station Ganaur, District Sonepat. Initially, the FIR was registered under Sections 302/34 of the IPC. However, charge has been framed under Section 306 of the IPC. As per the allegations, in the FIR, the petitioner had advanced a sum of Rs.94,000/- to the deceased for preparation of vehicles' licences. The deceased failed to prepare these licences. The petitioner allegedly kidnapped the deceased and thereafter threatened the deceased's father that in case, he did not pay the aforementioned amount, Sanjay would be killed. Eventually, the dead body of Sanjay was found. This led to the lodging of the present FIR. During the course of investigation, however, the prosecution discovered that the deceased had, infact, consumed poison and committed suicide.

(2.) Counsel for the petitioner contends that as charge, with respect to the murder, has been dropped by the police and the case is now one of abetment to suicide, the question, whether the petitioner is liable for abetment, would be determined, during the trial. It is further contended that the petitioner has been behind bars since 27.11.2005, and as investigation is complete and charges have been framed, the petitioner be released on bail.

(3.) Counsel for the respondent, on the other hand, contends that the petitioner kidnapped Sanjay, who thereafter committed suicide. Thus, a case of abetment to suicide is made out against the petitioner. I have heard learned counsel for the parties and perused the record.