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2026 Supreme(Online)(P&H) 5441

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ASHOK SAHNI – Appellant
Versus
STATE OF PUNJAB – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Ashok Sahni ....Petitioner V/s State of Punjab ....Respondent Date of decision: 18.03.2026 Date of Uploading : 18.03.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Harsh Vasu Gupta, Advocate for the petitioner.

Mr. Hemant Aggarwal, DAG Punjab.

Mr. Ranjodh Singh Jodha, Advocate for the complainant *****

SUMEET GOEL, J. (Oral)

1. Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Sections 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘BNSS’) in FIR No.237 dated 10.12.2025 registered for offences punishable under Section 108 of the BNS, 2023 at Police Station Macchiwara, Khanna.

2. The FIR in the present case has been lodged on the statement of the complainant Kavita Devi, wife of the deceased Rajesh Kumar, who alleged that the deceased was engaged in labour contracting work and had developed a habit of gambling, owing to which he had incurred substantial debts. It has been further alleged that the petitioner, along with co-accused, had been advancing money to the deceased on commission for gambling purposes and thereafter demanding repayment at an exorbitant rates, including recovery of double the amount advanced. The complainant has further alleged that the petitioner and co-accused used to repeatedly visit the house of the deceased, subject him to harassment, humiliation and threats, including dispossession of household articles in case of non-payment of the advanced money. As per the allegations, on 09.12.2025 one of the accused came to the house of the deceased, raised demands for the money and hurled abuses. As a result, the deceased was left in a distressed state and subsequently, the deceased was found hanging in his room. A suicide note had been allegedly recovered from the house in which direct allegations of abetting deceased to commit suicide had been raised and blaming the Ashok Sahni (petitioner herein), Sambu Sahni and Balu Sahni for his death. It has been alleged by the complainant that due to the persistent pressure and humiliation by the petitioner and co-accused, her husband was compelled to end his lives by committing suicide. On these set of allegations, instant FIR was registered and investigation ensued.

3. Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated into the FIR in question and the allegations in the FIR do not satisfy the essential ingredients of the offence of abetment of suicide. Learned counsel has further iterated that the entire case of the prosecution revolves around the allegation that the petitioner has demanded repayment of the money allegedly advanced to the deceased. According to learned counsel, such an act, by itself, cannot by any stretch of imagination be construed as instigation so as to attract the provisions relating to abetment of suicide. Furthermore, there is no material on record to show that the petitioner has ever provoked, instigated or compelled the deceased to take the extreme step. It has been further contended that the allegations are general and omnibus in nature without attributing any particular overt act to the petitioner. Learned counsel has asserted that the deceased was involved in gambling activities on account of which he has incurred debts from the multiple persons and the unfortunate act of suicide appears to be a consequence of the own financial distress and personal circumstances of the deceased for which petitioner cannot be held criminally liable. Learned counsel has emphasized that the alleged suicide note cannot be relied upon at this stage, as its authenticity and evidentiary value are yet to be established in accordance with law. Learned counsel has further asserted that the entire case is based on documentary material and nothing is to be recovered from the possession of the petitioner. In the factual milieu of the case in hand, the custodial interrogatio

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