Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 76575 (PNJ)

PIYALI MODAK v. STATE OF PUNJAB

CRM-M/35692/2025 · 2025-09-04

Manisha Batra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M No.35692 of 2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 214 CRM-M No.35692 of 2025 Date of decision: 04.09.2025 Piyali Modak ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Ankit Grewal, Advocate, for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab, for the respondent-State. ---- MANISHA BATRA, J. (Oral) 1. The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking anticipatory bail in case arising out of FIR No.131 dated 03.04.2025 registered under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) at Police Station City Kharar, District SAS Nagar, Mohali. 2. The petitioner has been booked for commission of offence punishable under Section 108 of BNS on the allegations of abetting suicide by the victim Yashwant Singh on 02.04.025. As per the MANJU 2025.09.08 14:57 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.35692 of 2025 -2- allegations, the petitioner along with her husband and co-accused had been harassing the victim for money. The co-accused Sukendu had raised demand of Rs.6 lakhs from the victim and he was receiving threats on account of those demands from the petitioner and her husband as well. It was also alleged that a suicide note had been left by the victim. 3. Vide order dated 09.07.2025, the petitioner was directed to join investigation and her arrest was ordered to be stayed till today. It is submitted by learned Assistant Advocate General, Punjab that the petitioner has joined investigation. It is, however, submitted that since more information and evidence is required to be collected from her, therefore, she is required to join further investigation and her custodial interrogation is also required. The name of petitioner is not stated to be mentioned in the suicide note left by the deceased. From the allegations as levelled in the FIR, it prima facie does not appear that a case for commission of abetment of suicide is made out against the petitioner. Given the nature of the allegations, no case for pre trial incarceration of the petitioner is made out. The plea that her custodial interrogation is required for conducting further investigation cannot be accepted since, an accused, while joining investigation, is not expected to make self incriminating statement under the threat that the State may seek withdrawal of the interim protection granted to him. 4. In view of the discussion as made above, this Court is of the MANJU 2025.09.08 14:57 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.35692 of 2025 -3- considered opinion that a case is made out for grant of anticipatory bail to the petitioner. Accordingly, the present petition is allowed and the order dated 09.07.2025, granting interim bail to the petitioner is made absolute, subject to compliance of conditions laid down in Section 482(2) of BNSS and subject to furnishing of personal as well as surety bonds to the satisfaction of Investigating Officer/Arresting Officer, if the same have not been furnished so far. 5. It is, however, clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. (MANISHA BATRA) 04.09.2025 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2025.09.08 14:57 I attest to the accuracy and authenticity of this order /judgment Chandigarh