3 Months Time Sufficient To Recover From Shock Of Wife's Illegitimate Relationship: P&H Grants Pre-Arrest Bail In Suicide Abetment Case
The Punjab and Haryana High Court has granted anticipatory bail in an abetment to suicide case lodged against the father of a man accused of having illicit relationship with the deceased's wife, observing that 3 months time was sufficient for the deceased husband to recover from the shock that his wife was in an illicit relationship. [2026 LiveLaw (PH) 213].Justice Sandeep Moudgil noted,...
The Punjab and Haryana High Court has granted anticipatory bail in an abetment to suicide case lodged against the father of a man accused of having illicit relationship with the deceased's wife, observing that 3 months time was sufficient for the deceased husband to recover from the shock that his wife was in an illicit relationship. [2026 LiveLaw (PH) 213].
Justice Sandeep Moudgil noted, "There is a gap of almost three months between the alleged discovery of the illicit relationship and the death of the deceased, which provides sufficient and reasonable time for a person to recover from the initial shock arising out of such information."
The petition was filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in FIR registered at Police Station Taragarh, District Pathankot under Sections 108 and 351(3) BNS (earlier Sections 306 and 506 IPC).
Counsel for the petitioner argued that he had been falsely implicated based on vague and unsubstantiated allegations arising from the death of the complainant's son, Ramesh Pal. It was contended that there were no direct or proximate allegations showing intentional instigation or active assistance by the petitioner.
The Court examined the prosecution case based on the statement of the complainant, Shakuntala Devi, who alleged that her son's wife was in an illicit relationship with Petitioner's son. The alleged relationship came to light in February 2026, while the deceased went missing in May 2026 and was later found dead.
Significantly, the Court noted a gap of nearly three months between the discovery of the alleged relationship and the death of the deceased and accordingly held that the requirement of proximate cause between the alleged conduct and suicide was not satisfied.
Munish Puri appeared for the petitioner
Case title: Vijay Kumar @ Sabu Pandit v. State of Punjab