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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

311-3 CRM-M-20083-2024 Date of decision: 28^th January, 2025 Pardeep Gabbar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Rishu Mahajan, Advocate for the petitioner.

Ms. Himani Arora, Assistant Advocate General, Punjab.

Mr. J.S. Mehndiratta, Advocate for the complainant.

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MANISHA BATRA, J (ORAL):-

Present petition has been filed seeking grant of anticipatory bail to the petitioner in case FIR No. 25 dated 29.02.2024 registered under Sections 306 read with Section 34 of Indian Penal Code at Police Station Chattiwind, District Amritsar.

2. The aforementioned FIR had been registered on the basis of statement got recorded by the complainant-Dilashish Singh on 29.02.2024, on the allegations that his father-Sardar Amritpal Singh was running a lab in partnership with one Sandeep Singh, in the area of Ram Takai Mandir Market, Amritsar. The car repair shop of the petitioner and co-accused Vishal Khosla and Raghu Khosla was situated adjoining to his lab. The petitioner along with the co-accused used to harass his father by parking the vehicles which were brought for repair to his shop, in front of lab of his father. Whenever, the latter resisted, the petitioner and co-accused used to

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quarrel with him. The petitioner and co-accused had been harassing his father continuously. They had even lodged false complaints with the Municipal Corporation and Police Administration against the victim, due to which, the victim was quite upset and started remaining disturbed. On 29.02.2024, he ended his life by shooting himself with his licensed pistol. His dead body was recovered from his car near village Rajowal. By alleging that the petitioner and co-accused had abetted suicide by his father, the complainant prayed for taking action in the matter. After registration of FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, the present petitioner had moved an application for grant of anticipatory bail which was dismissed by the Court of learned Additional Sessions Judge, Amritsar vide order dated 08.04.2024.

3. Vide order dated 24.04.2024, arrest of the petitioner had been ordered to be stayed by this Court.

4. The present petition has been filed by the petitioner on the grounds and it is argued by his counsel that he has been falsely implicated in this case. The allegations in the FIR, even if, presumed to be correct on the face of record, do not constitute any offence of abetment to commit suicide by the victim. Nothing has been produced on record to show that the petitioner ever harassed or did any such act which amounted to abetting the suicide by the victim. The investigating agency has not been able to show any proximate and live link between the suicide of the victim and the act and conduct of the petitioner, which amounted to abetting the same.

4. It is further argued that there is also no material on record to show that there was any instigation on the part of the petitioner in

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committing suicide by the victim. No harm is proved to have been caused by him. In the suicide note left by the victim, there is no reference of any specific act and conduct or specific incident amounting to commission of willful act or omission or intentionally aiding or instigating the victim in committing suicide. The allegations as levelled against the petitioner are far fetched, highly improbable and unnatural. The same do not make out any case qua commission of offence under Section 306 of IPC. Hence, it is urged that the petition deserves to be allowed.

5. Status report has been filed by learned Assistant Advocate General, Punjab. Learned Assistant Advocate General, Punjab assisted by learned counsel for the complainant has submitted that there are serious allegations against the petitioner along with the co-accused, who are his sons, had been harassing the victim continuously for the last five years. The petitioner an