Sarabjit Kaur v. The State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision : 12.01.2024 Sarabjit Kaur ...... Petitioner versus The State of Punjab ...... Respondent CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN *** Present :- Mr. Lakhwinder Singh Lakhanpal, Advocate for the petitioner.
Mr. J.S.Arora, DAG, Punjab with ASI Major Singh.
*** PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case F.I.R. No.151 dated 30.07.2023 registered under Sections 304 IPC (Sections 332/353/186 IPC added later on) at Police Station Machiwara, Police District Khanna. FIR was registered on the information supplied by one Maha Singh s/o Late Darshan Singh, who alleged as under :- "Statement of Maha Singh son of Late Darshan Singh resident of village Manewal, police station Machhiwara Sahib, district Ludhiana, age approximately 58 years, phone number 98552-37713. Stated that I am a resident of the above said address and I work as a laborer. I have two sons and one daughter. My elder daughter Kulveer Kaur is married and younger son Kuldeep Singh is about 22 years old.
He has passed 10th standard and now he used to drive a combine and he is not married. The other younger son Manpreet Singh is 10+2 pass. That on 29.07.2023 I went to my work. At around 11 am My son Kuldeep Singh went out of the house to the ground of the village after informing his mother Gian Kaur.
work, my wife Gian Kaur told me that our son Kuldeep Singh had gone to the ground of our village and he has not come back till now. Then I and my family started looking for my son Kuldeep Singh but my son Kuldeep Singh has not returned home till today. Today I and my brother Mahinder Singh went to Machiwara Sahib while searching for my son Kuldeep Singh, then we saw a video posted on Facebook and we came to know that yesterday on 29.07.2023 at around 06:00 PM an unknown boy has died at Machiwara Sahib, Ropar Road, due to drug injection overdose, whose body has been kept for identification in the mortuary of Civil Hospital Samrala. After that I and my brother Mahinder Singh went to mortuary of Civil Hospital Samrala to identify the body. This body was of my son Kuldeep Singh. My son Kuldeep Singh was addicted to injecting drugs.
I have come to know that 4/5 unknown men and 2/3 women sell drugs and syringes to drug addicts in Machiwara Sahib. I am sure that my son Kuldeep Singh has been injected with drugs by some unknown person or woman. Due to that drug injection my son Kuldeep Singh has died. That unknown persons/women are responsible for it. Justice should be done by taking legal action against them.
The incident relate to unfortunate death of 22 years old young boy, who died of drug over-dose. FIR was registered against unknown persons. The next day i.e. on 31.07.2023, co-accused was booked in FIR No.152 dated 31.07.2023 registered under Sections 21/61/85 of the NDPS Act at Police Station Machiwara, District Khanna after search at his house led to recovery of 5 grams of heroin. Custody certificate has been filed. The same is taken on record.
The basis of implication of the petitioner in the present case is an alleged extra judicial confession made by co-accused. Learned counsel for the petitioner submits that it is a clear case of false implication as the petitioner has no relation with the present incident and there are repeated attempts to falsely implicate the petitioner. He relies upon judgment dated 02.11.2022 passed by Special
Court, Ludhiana in FIR No.66 dated 10.04.2017 registered under Sections 22/61/85 of NDPS Act at Police Station Machhiwara Sahib, Ludhiana.
Per contra learned State counsel has opposed the bail plea on the ground that the petitioner is a habitual offender and is facing two more cases.
Faced with the situation learned counsel for the petitioner submits that the petitioner has earned acquittal in both those cases and in the other case, he has already been admitted to pre-arrest bail. The same is reflected in custody certificate as well I have heard learned counsel for the parties and have gone through the records of the case.
Without commenting on the merits of the case, keeping in view the nature of allegations levelled against the petitioner and the nature of evidence, the present petition is allowed. The petitioner is ordered to be released on bail on her furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned. Needless to say that anything observed herein shall not be construed to be an opinion on the merits of the case. ( PANKAJ JAIN ) JUDGE 12.01.2024 Dinesh Whether speaking/reasoned Yes Whether Reportable :
No