Jagdish Singh And ANR v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-4.9.2019 Jagdish Singh and another ... Petitioners

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Petitioner Jagdish Singh is present in person. Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by ASI Sarbjeet Singh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.217 dated 26.8.2018 at Police Station Sadar, District Tarn Taran under Sections 304-B and 120-B of Indian Penal Code.

2.

The FIR was registered at the instance of Hazoor Singh, wherein it has been alleged that his daughter Arshdeep Kaur was married to Gurpreet Singh on 9.10.2016 and dowry was given at the time of marriage as per their capacity. It is alleged that shortly after the marriage, the mother-in-law of Arshdeep Kaur namely Kuljit Kaur and her father-in-law namely Jagdish Singh started harassing Arshdeep Kaur as Arshdeep Kaur used to stay with them since her husband Gurpreet Singh was serving Army. Although, the complainant

( 2 ) visited the in-laws of her daughter several times in order to reason out with them, so that they do not harass her daughter but to no avail. It is alleged that Gurpreet Singh also joined his parents and started demanding a motorcycle. On 25.8.2018, the complainant's daughter apprised the complainant about the latest situation over the phone, but subsequently her phone was switched off and the complainant later came to know that his daughter had been taken to Guru Nanak Super Specialty Hospital, Tarn Taran by her in-laws and that she had died. It is thus alleged that the death of complainant's daughter had taken place due to the harassment met out to her at the hands of her mother-in-law Kuljit Kaur, father-in-law Jagdish Singh and husband Gurpreet Singh and also the grandparents of deceased's husband namely Jasbir Kaur and Gurpal Singh and the 'Jethani' Kuldeep Kaur, who had all strangulating her. 3.

The petitioner Jagdish Singh is present in person and has submitted that his entire family has been implicated fasely by the complainant simply in order to settle scores and that infact they had no role in death of Arshdeep Kaur, who apparently had committed suicide being under some kind of depression. 4.

The learned State counsel has informed that as per the post-mortem report, the cause of death was hanging and not strangulation. It has further been informed that infact the matter has already been investigated and a cancellation report has been prepared, which is likely to be filed shortly. 5.

Having regard to the aforesaid facts and circumstances more particularly that the police during investigation has found the petitioners to be innocent and has prepared a cancellation report, the petition is hereby accepted and the petitioners, in the event of arrest, be released on bail subject to their furnishing personal bonds and surety bonds to the satisfaction of

( 3 ) Arresting/Investigating Officer. However, the petitioners shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

6.

The present petition stands accepted accordingly. 4.9.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No