The Punjab and Haryana High Court granted regular bail to a wife accused of abetting the suicide of her husband . The FIR, registered under Sections 306 and 34 IPC at Police Station Lambi, alleged that the deceased was driven to suicide due to continued harassment by his wife, mother-in-law, and her alleged friend.
Justice Sandeep Moudgil, however, noted that the FIR lacked any allegation of direct instigation or immediate provocation by the petitioner. The Court observed that “frequent quarrels and misunderstandings between spouses, in the absence of credible and substantial evidence, cannot be treated as instigation or abetment to suicide”, especially in the absence of a suicide note.
The Court emphasized that incarceration is the exception, and bail the rule, particularly where the trial is yet to begin and the accused has already spent over a year in custody. It noted that not a single prosecution witness out of 14 had been examined, despite charges having been framed in September 2024.
Citing Supreme Court precedents in Dataram Singh v. State of UP 2018(2) R.C.R. (Criminal) 131 and Balwinder Singh v. State of Punjab, SLP (Crl.) No.8523/2024, the Court reaffirmed that pre-trial detention without compelling reasons violates the right to personal liberty under Article 21 of the Constitution. The Court also noted that they are conscious of the basic and fundamental principle of law that right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India.
The accused was accordingly directed to be released on bail, with the Court clarifying that its observations were not to be construed as a finding on the merits of the case.
Petitioner: Mr. P.K.S. Phoolka, Advocate
Respondent: Mr. Rajiv Verma, Senior DAG Punjab
