SANJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner seeks grant of regular bail in case FIR No.105, dated 2.8.2005, registered under Section 306 of the IPC, at Police Station Tapa, Tehsil Barnala, District Sangrur. Counsel for the petitioner contends that the petitioner's wife consumed poison, after a domestic quarrel. THE petitioner has been behind bars since 2.8.2005. It is argued that even as per the allegations, in the FIR, no offence, under Section 306 of the IPC, is made out and, therefore, the petitioner be released on bail. Counsel for the respondent, on the other hand, contends that the petitioner has abetted the suicide of his wife and, therefore, the present petition be dismissed. I have heard learned counsel for the parties and perused the record.

(2.) THE petitioner has been behind bars since 2.8.2006. THE investigation is complete, challan has been presented and charges have been framed. THE question, whether the allegations, levelled in the FIR, would constitute an offence, under Section 306 of the IPC, would be determined by the trial Court. I find no circumstance to incarcerate the petitioner any further. Counsel for the respondent has not expressed any apprehension that if released on bail, the petitioner would tamper with the Crl.Misc.No.32237.M of 2006 : 2 : prosecution evidence or in any manner subvert the process of trial. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Barnala. Nothing, stated herein, shall be construed to be an expression of opinion, on the merits of the controversy.