CRM-M-65995- IN THE H PARAMJIT SING STATE OF PUNJ 1 The dat 2 The dat 3 The dat website 4 Whethe pronoun pronoun 5 The del judgme CORAM: HON Present: Mr. Mr. Ms. S Mr. D Mr. L MANISHA BATR 1. The Bharatiya Nagarik anticipatory bail -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH SINGH Versus
PUNJAB he date when the judgment is reserved he date when the judgment is pronoun he date when the judgment is uploaded ebsite hether only operative part of the judg ronounced or whether the full judgmen ronounced he delay, if any, of the pronouncement dgment and reasons thereof. HON'BLE MRS. JUSTICE MANIS . Vijay Rana, Advocate and Shrey Rana, Advocate for the pet Ms. Sakshi Bakshi, AAG, Punjab Mr. Dinesh Nagar, Advocate and Mr. Lovepreet Singh, Advocate for th ****
BATRA, J. (ORAL)
The instant petition filed by the pe agarik Suraksha Sanhita, 2023 (for bail in case arising out of FIR No.019 JAB AND HARYANA AT ARH
CRM-M-65995-2025 (O&M) ... Petitioner ...Respondent served 11.02.2026 onounced 18 .02.2026 loaded on the 18 .02.2026 e judgment is dgment is Full cement of full Not applicable ANISHA BATRA
the petitioner for the complainant the petitioner under Section 482 of 3 (for short “BNSS”) for grant of 0197 dated 26.10.2025 registered M) oner
dent of nt of tered AMIT SHARMA 2026.02.18 17:44 I attest to the accuracy and integrity of this order/judgment. CRM-M-65995- under Section 108 Police Station Fate 2. The recorded by the co Surjit Singh was w Bassi Pathana. H inherited 16 acres transferred out of t husband, due to reason, he set him hospital and had effect. He had the night of 21.10.202 by the petitioner, s 3. After initiated and are u application for gra Ld. Additional Ses 4. It is a falsely implicated which had been s father on 08.01.2 declaration agains -2025 (O&M) 2 on 108 of the Bharatiya Nyaya Sanhi n Fatehgarh Sahib, District Fatehgarh The aforementioned FIR was registe the complainant Harwinder Kaur alle was working as Panchayat Secretary na. He alongwith his brother Paramji acres of ancestral land but the pe ut of the same in his name and only 0 which her husband was under gr et himself on fire in the noon of 19.1 had also recorded a statement befor had then been referred to PGIMER, C 10.2025. By alleging that suicide by oner, she prayed for taking action in th After registration of FIR, investiga are under way. Apprehending his a for grant of pre-arrest bail which has b nal Sessions Judge, Fatehgarh Sahib vi It is argued by learned counsel for t licated in this case. He had become been sold by him on the basis of a 8.01.2016 during his lifetime. The against him but had withdrawn the sam Sanhita, 2023 (for short “BNS”) at hgarh Sahib. registered on the basis of statement ur alleging therein that her husband cretary in the Department of BDPO, aramjit Singh i.e. the petitioner had the petitioner got 12 acres of land only 04 acres of land was left for her der great stress and due to that very of 19.10.2025. He was taken to the t before the Magistrate to the same ER, Chandigarh but had died on the de by her husband had been abetted n in the matter. vestigation proceedings have been g his arrest, the petitioner moved an h has been dismissed by the Court of ahib vide order dated 11.11.2025. l for the petitioner that he has been come lawful owner of the property of a transfer deed executed by his The deceased had filed a suit for the same on 30.09.2021 in pursuance ) at ment band PO, r had land her very o the same n the etted been d an rt of been perty y his t for ance AMIT SHARMA 2026.02.18 17:44 I attest to the accuracy and integrity of this order/judgment. CRM-M-65995- of a compromise getting half share of creating any co suicide by the vic Section 108 of B documentary evid to join investigatio that the petition de 5. Status learned counsel fo against the petitio property, he had c end his life. For interrogation of th does not deserve to 6. This C for both the parties 7. The p the ground that he thereby caused h commission of off a case within the p a case of suicide a -2025 (O&M) 3 mise that had arrived at between them share left in the remaining property. any compelling circumstance on the the victim. Even otherwise, the ing of BNS are not attracted in this y evidence. His custodial interrogatio stigation. No recovery is to be effecte tion deserves to be allowed. Status report has been filed. Learn nsel for the complainant has argued th petitioner as by depriving the victim had caused him under great mental str . For conducting thorough investigat n of the petitioner is must. It is, ther erve to be allowed. This Court has heard the rival submis parties at considerable length. The petitioner is alleged to have abe that he had deprived him of his rights sed him mental stress. The peti of offence punishable under Section 1 n the provisions of Section 108 of BN icide and in the commission of the sa en them to the effect that he will be erty. As such there was no question n the part of the petitioner to abet ingredients of the offence under n this case. The case rests upon ogation is not required. He is ready effected from him. It is, thus argued Learned State counsel assisted by ued that there are serious allegations victim of his right in the ancestral ntal stress thereby compelling him to estigation into the matter, custodial s, therefore, argued that the petition ubmissions made by learned counsel ve abetted suicide by the victim on rights in his ancestral property and e petitioner has been booked for ction 108 of BNS. In order to bring of BNS, undoubtedly, there must be the said offence, the person who is ill be on abet nder upon eady ed d by tions stral im to odial tition unsel on and for bring st be ho is AMIT SHARMA 2026.02.18 17:44 I attest to the accuracy and integrity of this order/judgment. CRM-M-65995- said to have abette by act of instigat suicide. The pros incitement by the a the deceased by t action on the part to suicide, offence been committed. offence of abetme materia with Secti commit a particula of his action, me material on recor furtherance of th Reference can b Maharashtra and by Hon’ble Supre 306 of IPC (whic contemplated und intention to bring abetment is requir aid or to instigat particular offence rea of direct abetm -2025 (O&M) 4 abetted the commission of suicide m nstigation and doing certain acts to e prosecution must show a proof y the accused in commission of suicid d by the accused does not suffice in e part of the accused proximate to the ffence under Section 108 of BNS wo itted. It is also well settled proposit betment, which is defined under Sect Section 107 of IPC), it must be the s rticular crime must also be visible so n, meaning thereby that there must record to establish that he or she of that state of mind, the suicide can be made to Aranb Manoran and others : 2020 SCC Online SC Supreme Court that in order to bring which corresponds to Section 108 d under Section 107 of IPC on the bring out the suicide of the person required. It was also observed that t stigate or to abet the deceased to com ffence under Section 306 of IPC. At t t abetment, which is a sine qua non cide must have played an active role cts to facilitate the commission of proof of direct or indirect act of suicide. Allegation of harassment of fice in the absence of any positive to the time of occurrence which led NS would not be considered to have roposition of law that to prove the r Section 45 of BNS (which is pari e the state of mind of the accused to ble so as to determine the culpability must be some mens rea and some or she had a guilty mind and in uicide by the victim was abetted. oranjan Goswami vs. State of e SC 964, wherein it was observed bring out an offence under Section 08 of BNS), specific abetment as n the part of the accused with an erson concerned as a result of that that the intention of the accused to to commit suicide is a must for this At this stage, the element of mens on for attracting the offence, does role n of t of nt of itive h led have the ari ed to bility some d in tted. of rved ction t as h an that ed to this ens does AMIT SHARMA 2026.02.18 17:44 I attest to the accuracy and integrity of this order/judgment. CRM-M-65995- not prima facie em evidence to be pr offence punishabl petitioner. Given this Court is of th out. It is also wel of post-conviction join investigation discussion as ma Accordingly, the p to bail subject to Officer/Arresting investigation withi subject to furnishi Investigating/Arre not pressurize, ind and circumstances and trial of the ca disclose the detai Investigating Offi envisaged under S 9. It is, be construed as an and shall not influ -2025 (O&M) 5 cie emerge from the record. It is only be produced during trial that any co ishable under Section 108 of BNS Given the nature of the allegations as s of the opinion that no case for his so well settled law that pre-trial incarc viction sentencing. The petitioner ha ation and cooperate with the investig as made above the case is made o , the petition is allowed and the petiti ect to the condition that he shall surr sting Officer within a period of 10 d n within that period and also subseque urnishing personal as well as surety g/Arresting Officer. He will also not t ze, induce, extend threats to any witn tances of the case, will not leave the the case, except after seeking permiss details of his Aadhar Card No. a g Officer and shall also abide by all nder Section 482(2) of BNSS. It is, however, clarified that the obse d as an expression of opinion of this C t influence the outcome of the trial in a s only on thorough assessment of the ny conclusion as to commission of BNS can be drawn as against the ons as levelled against the petitioner, his pre-trial incarceration is made incarceration should not be a replica ner has expressed his willingness to nvestigating agency. In view of the ade out for allowing the petition. petitioner is ordered to be admitted ll surrender before the Investigating f 10 days from today and shall join sequently, as and when required and bonds to the satisfaction of the not tamper with any evidence, will y witness acquainted with the facts ve the country, during investigation ermission from the trial Court, shall No. and cellphone number to the all the terms and conditions as e observations made above shall not this Court on the merits of the case ial in any manner.
f the n of t the oner, ade plica ss to f the ition. itted ating join and f the , will facts ation hall the s as l not case AMIT SHARMA 2026.02.18 17:44 I attest to the accuracy and integrity of this order/judgment. CRM-M-65995- 10. Since any, is rendered in 18 .02.2026 Amit Sharma
-2025 (O&M) 6 Since the main petition has been all ered infructuous.
(MA Whether speaking/reasoned:- Yes 
 

een allowed, pending application, if (MANISHA BATRA)
JUDGE
Yes/No
n, if AMIT SHARMA 2026.02.18 17:44 I attest to the accuracy and integrity of this order/judgment.