Serious probe must in naming of person in a suicide note: HC

Single-judge bench rules that pre-arrest bail is discretionary relief and should only be granted in exceptional cases

CHANDIGARH : The Punjab and Haryana high court has said that a person levelling allegations of abetment against other persons before committing suicide ought to be probed with all seriousness.

The court was hearing a petition of a Rewari woman who along with her husband was named by a person in his suicide note. They borrowed Rs 11 lakh from the victim in 2018 but when he asked them to return the money, they threatened to get him killed or frame in a case after making excuses for a while, it was alleged in the suicide note.

The man committed suicide on June 10, 2020. The woman named in the note admitted to having a dispute with the victim but argued that there was no scope of abetment on her part as she never harassed him.

Dismissing her plea for anticipatory bail, the bench of Justice HS Madaan said, “Human beings are in awe of death. Even the old people want to live longer. It is only under certain compelling circumstances that a person ends his/her life. If a person committing suicide holds someone else responsible for forcing him/her to take the extreme step, such statement is needs to be taken up with all the seriousness.”

“It is difficult to understand why a person leaving this mortal world by ending his life himself would blame an innocent person,” the bench said further.

The court observed that the petitioner was specifically named in the suicide note with incriminating acts attributed to her. “The suicide note was examined by the investigation agency and the handwriting was that of the deceased as per experts,” it said.

The court further observed that the aspects such as denial of abetment by the woman and determining the guilt of the accused will be looked into by the trial court.

“This court is to examine the prosecution version primarily. Pre-arrest bail is a discretionary relief and is to be granted in exceptional cases. It is meant to save the innocent persons from harassment and inconvenience and not to save the culprits from arrest and custodial interrogation. The woman’s custodial interrogation is necessary for complete and effective investigation so as to find out as to how and under what circumstances she abetted the suicide,” the bench added.

Human beings are in awe of death. Even the old people want to live longer. It is only under certain compelling circumstances that a person ends his/ her life.

HIGH COURT BENCH OF JUSTICE HS MADAAN