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MANISHA BATRA
Mohd. Javed @ Vicky – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Manisha Batra, J.
The present petition under Section 438 of Cr.P.C. has been filed by the petitioner seeking grant of anticipatory bail in case bearing FIR No.0029 dated 25.05.2020 registered under Sections 306 and 149 of IPC at Police Station City Ahmedgarh, District Malerkotla, on the basis of statement recorded by complainant Gurmeet Kaur alleging therein that her younger daughter Manjeet Kaur @ Gudiya was married with Harpreet Singh who had separated from him and was residing with her from the last one and half years along with her son Charanjit Singh. Sometime back, she had started living with Rafi Mohd. in a separate rented accommodation. On 25.05.2020 at about 11:25 AM, she received a call from Rafi Mohd. regarding the death of her daughter. On hearing so, she along with her son Surinder Singh rushed to the room of her daughter and found her lying dead on the bed. She alleged that about 5-6 days ago within her sight, Nagma @ Nicky, Sada, Anwari @ Rani, Munna, Vicky and one unknown person had extended severe beatings to her daughter who was one and half months pregnant. She had started bleeding and had suffered a miscarriage due to the assault being given to her. Matte
Anticipatory bail can be granted when there are insufficient specific allegations connecting the petitioner to the abetment of suicide, and if custodial interrogation is not required.
The main legal point established in the judgment is that the mere conduct of a spouse, even if not up to the expectations of the other spouse, does not necessarily constitute abetment of suicide, and....
Anticipatory bail was denied due to serious allegations of harassment leading to suicide, necessitating custodial interrogation for investigation.
For abetment of suicide, mere quarrels or angry words do not constitute instigation unless there is clear intention to aid or conspire in the act.
The main legal point established is that for conviction under Section 306 IPC, there must be a clear mens rea and an active act or direct act leading to suicide, and mere harassment without positive ....
The necessity of mens rea for instigation and the requirement of concrete evidence for establishing the offence of abetment of suicide under Section 306 of the IPC.
The stage of investigation and the premature adjudication of contentions regarding the offence under Section 306 IPC influenced the court's decision to dismiss the petition for anticipatory bail.
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