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2026 Supreme(Online)(P&H) 82988

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Aman Chaudhary, J
MALKEET SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent
CRM-M-11465-2026 (O&M)



Advocates:
For the Appellants/Petitioners: Daljeet Singh Randhawa
For the Respondents: Manjot Kaur

Anticipatory bail may be granted in abetment of suicide cases where there is no evidence of a positive overt act of instigation, the petitioner has cooperated with the investigation, and parity exists with co-accused.

Headnote:(A) Anticipatory Bail - Abetment of Suicide - Absence of Overt Act - Where a suicide note merely mentions financial debts without alleging any positive overt act of instigation or harassment by the accused, a prima facie case for abetment of suicide is not established. (Para 4)

(B) Parity - Grant of Bail - When similarly situated co-accused have already been granted the concession of anticipatory bail, the petitioner is entitled to similar treatment. (Para 4)

(C) Custodial Interrogation - Cooperation with Investigation - Where the investigating agency confirms that the petitioner has joined the investigation and custodial interrogation is no longer required, the grant of anticipatory bail is appropriate. (Para 4)

Issues: Whether the petitioner is entitled to anticipatory bail in a case of alleged abetment of suicide where the primary allegation is based on financial dues mentioned in a suicide note.

Table of Content
1. background of the fir and the procedural history of the bail application. (Para 1 , 2)
2. evaluation of the petitioner's cooperation with the investigation and the lack of need for custodial interrogation. (Para 3 , 4)
3. final order making the interim anticipatory bail absolute. (Para 5 , 6)

****

AMAN CHAUDHARY, J. (Oral)

1. The present petition has been filed under Section 482 BNSS, 2023, for grant of anticipatory bail to the petitioner in case FIR No.7, dated 05.1.2026, under Sections 108 , 351(2) BNS, registered at Police Station Civil Lines Batala, Police District Batala, District Gurdaspur.

2. On 10.03.2026, the Co-ordinate Bench had passed the following order:-

“1. Petitioner, an accused in case FIR No.07 dated 05.01.2026 registered against him, under Sections 108 /351(2) BNS at Police Station Civil Lines Batala, Police District Batala, District Gurdaspur has filed the petition for grant of pre-arrest bail under Section 482 of BNSS.

2. Relevant facts as emerging from the documents on records be noticed hereinbelow:

“Paramjit Kaur wife of Satnam Singh, resident of Kotla Bama Thana Sadar Batala, a home maker, set the criminal law in motion by filing a complaint pointing therein that she is blessed with two sons and a daughter. Her elder son Karandeep Singh, aged 37 years, who is physically challenged from legs, is working as commission agent at Shop No.51, Dana Mandi Batala. His younger son Roban Singh and her daughter Harmeet Kaur are staying abroad. On 25.12.2025, her eldest son Karandeep Singh had returned back from work and had consumed poisonous medicine in his office. A note written by him was found by her in the drawer of the table in his office. As per the said note, several persons owed money to Karandeep Singh. Their names and the amount due from them were mentioned in the note. Karandeep Singh also pointed out that if anything happens to him, the persons mentioned in the suicide note would be responsible. Complainant pointed out that immediately she rushed her son to EMC Hospital Jalandhar Road, Batala. Unfortunately, he died on 05.01.2026. Complainant also pointed out that her son was quite disturbed by the misdeeds of the persons mentioned in the suicide note, who owed money to him but were not returning back the same. Extremely distressed, he ended his life. On the basis of the said complaint and suicide note, aforesaid FIR was registered. Investigations were set into motion during which post-mortem examination of the dead body was got conducted. Suicide note was also taken into possession.”

3. Petitioner, who was one of those persons, who had been named by the deceased in the suicide note, moved an application for grant of pre-arrest bail. The same came to be dismissed by the learned Addl. Sessions Judge, Gurdaspur vide order dated 02.02.2026. Aggrieved of which, the present petition has been filed.

4. Learned counsel for the petitioner contends that the petitioner was working as a commission agent at Grain Market, Batala. Documents brought on record indicate that petitioner and deceased had a professional relationship. Learned counsel has drawn the attention of this Court to the copy of suicide note, a bare perusal of which reveals that apart from several persons named in the said note who allegedly owed money to deceased, he himself mentioned that he also had to return money to some persons. Further, in the 'suicide note', no positive overt act on the part of the petitioner, soon before the death of the deceased has been referred to, which compelled deceased and brought him to such a situation in life where he had no option but to commit suicide. There is nothing on record that deceased had initiated any legal proceedings against those mentioned in the suicide note who had allegedly borrowed money from him and were refusing to return the same. It has been submitted that when appreciated in the light of facts and circumstances brought on record, no prima facie case under Sectio

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