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2023 Supreme(P&H) 1113
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Karamjit Singh, J.
Smt. Bhawana & Ors. - Petitioners - Appellant
Versus
State of Haryana - Respondent - Respondent
CRM-M-17022 of 2022(O&M)
Decided On : 05-05-2023
Mr. J.S. Hooda, Advocate For the petitioner.
Mr. Naveen Kumar Sheoran, DAG Haryana.
Mr. John Kumar, Advocate For the complainant.
The court considered the lack of post mortem examination, the timing of the report to the police, and the need for further evidence to determine the genuineness of the suicide note and mens rea of the accused in granting anticipatory bail.
Headnote:
Anticipatory Bail - Extortion and Suicide - The court allowed the anticipatory bail petition, considering the lack of post mortem examination, the timing of the report to the police, and the need for further evidence to determine the genuineness of the suicide note and mens rea of the accused.
Fact of the Case:
The deceased was allegedly honey trapped and blackmailed by the petitioners, leading to extortion and suicide. The petitioners were seeking anticipatory bail, claiming false implication and lack of post mortem report.
Finding of the Court:
The court noted the absence of post mortem examination, the timing of the report to the police, and the need for further evidence to determine the genuineness of the suicide note and mens rea of the accused. The petitioners were allowed anticipatory bail.
Issues: Alleged honey trapping, blackmail, and suicide, lack of post mortem examination, timing of the report to the police, genuineness of the suicide note, and mens rea of the accused.
Ratio Decidendi: The court considered the lack of post mortem examination, the timing of the report to the police, and the need for further evidence to determine the genuineness of the suicide note and mens rea of the accused in granting anticipatory bail.
Final Decision: The court allowed the anticipatory bail petition, without commenting on the merits of the case, and made the interim order absolute, subject to conditions under Section 438(2) Cr.P.C.
KARAMJIT SINGH, J.
1. The present petition has been filed by the petitioners under Section 438 Cr.P.C. seeking anticipatory bail in case having FIR No. 59 dated 19.03.2022, registered under Sections 306, 384 read with Section 34 IPC at Police Station Bahin, District Palwal.
2. The allegations in nutshell are that deceased Partap Singh, father of the complainant was honey trapped and black mailed by the petitioners and they extorted the deceased to pay money to them and under their pressure the deceased paid huge amount to the accused persons but even thereafter they were persistently harassing the deceased as a result of which the deceased committed suicide and before doing so, he left behind suicide note wherein he named all the three petitioners to be the persons responsible for his death.
3. The counsel for the petitioners submits that the petitioners have been falsely implicated in the present case at the instance of son of the deceased who died on 02.09.2021. The counsel for the petitioners further submits that there is no post mortem report to ascertain the cause of his death. The counsel for the petitioners further submits that the alleged occurrence took place on 02.09.2021 whereas the matter was reported to the police for the first time on 05.09.2021 and in the meantime the alleged suicide note was fabricated by the complainant. The counsel for the petitioners further submits that the prosecution cannot take any benefit of the alleged report of FSL as the same has been manipulated by the prosecution to show that the signatures appearing on the suicide note are matching with the admitted signatures of the deceased. The counsel for the petitioners further submits that no efforts were made by the prosecution to get compared the writing appearing in the body of the suicide note with the admitted hand writing of the deceased. The counsel for the petitioners further submits that the petitioners have already joined the investigation with the police and that they are having no concern with the death of Partap Singh who was residing in their neighborhood.
4. The present petition is resisted by the counsel for the complainant who submits that Partap Singh was seduced and honey trapped by Bhawna and other accused persons and then they demanded money and compelled him to pay huge amount to them but even thereafter the petitioners kept on black mailing the deceased and thus, compelled him to end his life by committing suicide. The counsel for the complainant further submits that after the death of his father, the complainant while checking his belongings came across suicide note left by the deceased and immediately thereafter the matter was reported to the police. But in the meantime, the dead body was cremated without post mortem examination. The counsel for the complainant further submits that the report of FSL also goes against the petitioners. So, prayer is made that the present petition be dismissed.
5. The State counsel while contesting the present petition also argued on the same lines. However, the State counsel on instructions from SI Jamshed Ali has not disputed the fact that Partap Singh died on 02.09.2021 whereas the matter was reported to the police by the complainant on 05.09.2021 and that prior to the registration of the present FIR, no complaint was ever lodged by the deceased or complainant with regard to alleged honey trapping and black mailing of the deceased by the petitioners. The State counsel also apprised the Court that the post mortem examination of the dead body of Partap Singh was not conducted and as such there is no report regarding cause of his death. The State counsel further submits that the signatures appearing on the suicide note left by the deceased are matching with his standard signatures as has been opined in the report of FSL. The State counsel further submits that the petitioners have joined the investigation with the police in compliance with the previous order of interim bail.
6. I have consider
