The main legal point established in the judgment is the discretionary nature of pre-arrest bail, the importance of custodial interrogation for effective investigation, and the need to take the deceased's statement seriously in cases of abetment to suicide.

JUDGMENT

H.S. Madaan, J. - Case taken up through video conferencing.

2. This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner - Sudha @ Babli, aged about 37 years, resident of village Mamaria Asampur, Tehsil & District Rewari, an accused in FIR No.260 dated 11.6.2020, under Sections 306/34 IPC (Section 506 IPC added later on), registered with Police Station Khol, District Rewari.

3. Briefly stated, the facts of the case as per the prosecution story are that one Joravar son of Indraj, resident of Mamaria Ahir had committed suicide on 10.6.2020. He had left behind a suicide note in which he had blamed the present petitioner Sudha @ Babli and her husband Yaspal for driving him to commit suicide. On matter being reported to the police by son of deceased, namely, Deepak, formal FIR was recorded.

4. Apprehending her arrest in this case, the petitioner had approached the Court of Sessions at Rewari by filing an application seeking grant of pre-arrest bail. However, her such application had been dismissed by learned Sessions Judge, Rewari vide detailed order dated 28.6.2021. As such, the petitioner has approached this Court by way of filing the instant petition asking for the similar relief, which request is being resisted by the State counsel as well as learned counsel appearing for the complainant.

5. I have heard learned counsel for the petitioner, learned State counsel and learned counsel appearing for the complainant besides going through the records.

6. Learned counsel for the petitioner has contended that offence under Sections 306 or 506 IPC is not made out against the present petitioner since no abetment on her part to the suicide committed by the deceased is made out. As a matter of fact, the petitioner had never harassed the deceased, rather there was a dispute regarding some payment between them. The deceased had served a legal notice dated 22.5.2020 upon the petitioner for making the payment; the petitioner is a married woman having small children to look after; no recovery is to be effected from her; she is ready and willing to join the investigation, therefore, she be granted concession of pre-arrest bail.

7. This prayer is being opposed vehemently by learned State counsel and counsel representing the complainant stating that the petitioner is specifically named in the suicide note; on account of the acts of the petitioner, the deceased was compelled to end his life by committing suicide. The custodial interrogation of the petitioner is necessary for unfolding the entire story. Under the circumstances, the present petition is bound to fail.

8. Before adverting to the arguments advanced by the two sides, it would be proper and appropriate to refer to the suicide note left by the deceased. The petitioner has placed on record translation of the suicide note as Annexure P2 and for ready reference, the same is being reproduced as under:

"Joravar son of Indraj caste Ahir is a resident of Mamaria Ahir. I have family terms with Yashpal son ofNihal Singh. In the year 2018 Sudha @ Babli came to my home and asked for money for the construction. I after selling the crops gave cash of Rs.l 1,50,000/- to Yashpal wife of Sudha @ Babli. When I asked to return the money then every time he gave me the next date of next month. In February, 2020 when I asked for my money then they threatened to kill me. At that time the time was 3:35 when I went to their house then Sudha @Babli said that she would get him killed by Sanjay son of Jaswant. Babli caught my collar, and I ran away by rescuing myself. Then I wrote against them to P.S. Khol and S.P. Rewari thrice. But no action was taken on my representation. On 2.6.2020,1 was called in Police Station Khol. There Ravi pressurize me to compromise the matter. When I did not compromise the matter then the accused persons thrown me out of police station and abuse me and said to the accused persons that you falsely implicate him in a false case. Due to these reasons I am