Jaswinder Kaur v. State Of Punjab

103 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3329-2021 Date of decision: January 25, 2021 Jaswinder Kaur ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Gulzar Mohammed, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab (through video conferencing).

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.44 dated 15.4.2020 under Sections 304, 120-B, 34 IPC, registered at Police Station Lambran District Jalandhar Rural. Counsel for the petitioner submits that as per the allegations in the FIR, registered at the instance of Jaswant Kaur, it is stated that she is married to accused Taranjit Singh and two children were borne out of the said wedlock. It is stated that the complainant is living in a joint family, along with her parents-in-law, Jaswinder Kaur, sister-in-law (Jethani) and other family members. Petitioner-Jaswinder Kaur is having illicit relations with her husband, namely, Taranjit Singh and, later on, he also developed illicit relations with another lady Paramjit Kaur @ Pammo.

When this was resisted by the complainant, the petitioner told her that she is not going to leave her husband and in that protest, some Panchayats were also held. With regard to an incident of 14.4.2020, again on 15.4.2020, father of the complainant namely Nirmal Singh (deceased), mother, brother and uncle came to her matrimonial home to convene a Panchayat. When the member of Panchayat tried to convince Taranjit Singh not to have illicit relations with SATISH KUMAR 2021.01.

CRM-M-3329-2021 -2other ladies, Taranjit Singh had shown his adamancy to live with petitionerJaswinder Kaur and with some other ladies. In the meantime Raghubit Singh came and caught hold of Nirmal Singh and Taranjit Singh started giving fists blows on his chest and forehead, due to which, Nirmal Singh fell down and, later on, died.

Counsel for the petitioner submits that the FIR has been registered against four persons, i.e. Taranjit Singh, husband of complainant, Raghubir Singh @ Nikku, Paramjit Kaur @ Pammo and petitionerJaswinder Kaur. Counsel for the petitioner further submits that the allegations of causing injury are attributed to Raghubir Singh and Taranjit Singh and there is no role of the petitioner and she has been nominated under Section 120-B IPC with the allegations that she is having illicit relations with Taranjit Singh.

Counsel for the petitioner further submits that Taranjit Singh @ Tanna and Raghubir Singh have already been arrested. Counsel for the petitioner next submits that the petitioner is a married woman and has her own family to look-after.

Learned State counsel has, however, opposed the prayer on the ground that it is the petitioner who is the bone of contention on account of the illicit relations with the husband of the complainant and a Panchayat was convened for this purpose to make Taranjit Singh understand not to maintain illicit relations with the petitioner and on that protest, he along with Taranjit Singh and Raghubir caused injuries to Nirmal Singh, who, later on, died. After hearing the counsel for the parties and going through the serious allegations, I find no ground to grant anticipatory bail to the petitioner.

Dismissed.

( ARVIND SINGH SANGWAN ) January 25, 2021 JUDGE satish Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SATISH KUMAR 2021.01.27 15:51 I attest to the accuracy and integrity of this document