Kuldeep Singh vs State of Punjab

Alok Singh, J.—This is an application seeking regular bail in case FIR No. 192 dated 16.9.2010, u/s 306 of Indian Penal Code, registered at Police Station Machhiwara, District Ludhiana.

Learned Counsel for the Petitioner vehemently argued that deceased-Pawan Kumar was mentally disturbed and depressed, hence, he had committed suicide by jumping from Airtel tower. Learned Counsel for the Petitioner having placed reliance on the judgment of the Apex Court in the matter of Bhagwan Das v. Kartar Singh and Ors. reported in 2007 (3) RCR 87 has argued that cruelty or harassment as alleged against the Petitioner without any mens rea to derive the deceased to commit suicide shall not be an abetment as defined u/s 107 IPC. Mr. Deol while placing reliance on the judgment of the Apex Court in "State of Kerala v. Raneef 2011 (1) RCR 381", has argued that in the event of rejection of the bail application, period spent in the jail during the trial cannot be restored to the Petitioner-accused in the event of his acquittal. Mr. Deol has further rightly argued that there is no likelihood to tamper with the evidence.

Considering totality of the facts and circumstances of the case, present petition is allowed. Let Petitioner be released on bail to the satisfaction of the Trial Court.