SUKHMINDERJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner seeks regular bail in FIR No. 03 dtd. 9/1/2025 under Sec. 108 Bharatiya Nyaya Sanhita, 2023, Police Station Sadar, District Hoshiarpur. This is the first petition for regular bail.

(2.) Complainant Baldev Singh stated that he had 4 children who were all married. The eldest was Parminder Kaur aged 43 years, who was married with Sukhminder Singh son of Rashpal Singh, resident of Village Bilaspur, P.S. Sadar, Hoshiarpur in 2007. Parminder Kaur had 2 children, a daughter aged 16 years and a son Sahibjot Singh aged 10 years. His son-in- law Sukhminder Singh, who consumed liquor and rarely worked, had been harassing his daughter for some time, without any reason. He tried to prevail over him but he continued to beat and harass his daughter. Sukhminder Singh had taken his TATA Punch car for some time in May 2024. He took the car back, as it was cold. On that pretext, Sukhminder Singh harassed and beat his daughter who conveyed all this to him on the phone. Despite attempts to make Sukhminder Singh understand, he did not pay any heed. On 8/1/2025, he visited Bilaspur along with his family members and his relatives and Sukhminder Singh assured that he would not quarrel with Parminder Kaur and he would not have any complaint in future but if they want to take her back, they should bring a 'Kaffan' for him. Thereupon, they returned to their house. On 8/1/2025 at about 04:30 PM, his grandson Sahibjot called his wife Amarjeet Kaur on her phone and informed that his father had quarrelled with his mother and beaten her up on which account his mother had consumed poison and they were taking her to IVY Hospital, Hoshiarpur. He spoke to Parminder Kaur on the same phone who stated that after they left, Sukhminder quarrelled with her, gave her beatings and fed up with him, she consumed sulphas to end her life. He and his relatives reached IVY Hospital where Parminder Kaur died on 8/1/2025. Sukhminder Singh left the hospital.

(3.) Learned counsel for the petitioner submits that deceased committed suicide after 17 years of marriage. The allegations of harassment and beatings were vague, ambiguous and general in nature and even if accepted at their face value, no offence of abetment of suicide was attracted. Petitioner, husband of the deceased, was the one who took her to the hospital. Version of the complainant that information of the incident was given by the grandson was bellied by statement under Sec. 161 Cr.P.C. of his grandson namely Sahibjot Singh who stated to the police that he never told his maternal grandmother about any quarrel between his parents that day and he merely informed that his mother had consumed sulphas and his father had taken her to the hospital. In this context, he also referred to the joint affidavits sworn by the children on the lines that their mother was suffering from various psychiatric diseases, remained under treatment from New Saini Hospital, Hoshiarpur and she often went into depression. It was urged that deceased committed suicide on account of her suicidal and depressive tendencies. Petitioner who was behind bars for the last more than 4 months, deserved to be enlarged on regular bail. It was further argued that mere general allegations of quarrel and harassment were not sufficient to attract Sec. 306 IPC, as there was no mens rea on part of the petitioner to commit the crime. In support of his submissions, he relied upon Gurcharan Singh Vs. State of Punjab 2020 (4) R.C.R. (Criminal) 622; M. Mohan vs. State Tr. Dy. Supdt. Of Police 2011 (2) R.C.R. (Criminal) 272; Gurcharan Singh Vs. State of Punjab 2017 (1) R.C.R. (Criminal) 118; Ude Singh Vs. State of Haryana 2019 (5) R.C.R. (Criminal) 971 and S.S. Chheena Vs. Vijay Kumar Mahajan 2010 (4) R.C.R. (Criminal) 66.