Ingredients of Section 107 IPC Totally Absent: High Court Grants Bail in Suicide Abetment Case

In a significant ruling, the High Court of Punjab and Haryana has granted bail to the petitioners in a case involving allegations of abetment to suicide. Justice Kuldeep Tiwari, while delivering the judgment on April 05, 2024, in the case of Balwinder Singh Vs. State of Punjab, observed that "Bail is the Rule and Jail is an Exception," echoing the principles of personal liberty and presumption of innocence.

Legal Point of the Judgment: The judgment pertained to a bail petition under Sections 306, 506, 34, and 107 of the Indian Penal Code (IPC) concerning allegations of abetment to suicide. The Court weighed the principles of personal liberty and the gravity of the offence in deciding to grant bail.

Facts and Issues: The FIR, based on a statement by Bhupinder Singh, accused the petitioners of harassing the deceased, leading him to suicide. The prosecution's argument centered around the recovery of a suicide note, whose authenticity was yet to be verified. The petitioners, arrested since February 7, 2024, argued for bail citing a compromise with the complainant and the absence of ingredients necessary under Section 107 IPC.

Justice Tiwari referenced various precedents, emphasizing the sanctity of personal liberty and the right to bail. The Court found merit in the petitioners' contention that essential elements under Section 107 IPC were missing. Additionally, the unresolved status of the suicide note's veracity and the likelihood of the complainant not supporting the prosecution were significant considerations. The Court, thus, deemed it appropriate to grant bail, stressing that bail should not be withheld as a form of punishment.

Decision: The petitioners were granted regular bail on the condition of furnishing a bail bond and surety bond to the satisfaction of the concerned magistrate. The Court clarified that future involvement in similar offenses might lead to the cancellation of bail. It was also made clear that the observations in this judgment were solely for deciding the present petition and should not influence the trial's merits.

Date of Decision: April 05, 2024

BALWINDER SINGH Vs. STATE OF PUNJAB