Lakhwinder Singh Alias Neeta v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No. 7188 of 2023 Date of Decision : 1.3.2023 Lakhwinder Singh alias Neeta ..... Petitioner versus State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. J.S. Dhaliwal, Advocate, for the petitioner Mr. Kunal Vinayak, AAG, Punjab --- TRIBHUVAN DAHIYA J. (ORAL):

This is a petition under Section 439 Cr.P.C. seeking regular bail to the petitioner in case FIR No.202 dated 5.7.2021 under Sections 304-B and 34 IPC registered at Police Station Sadar Mansa, District Mansa. As per allegations, the complainant's sister died within eight months of marriage and was pregnant at that time. The petitioner/husband and the co-accused/mother-in-law of the deceased were pressurizing her to bring more dowry. The deceased died on account of consumption of some poisonous substance on 4.7.2021.

Learned counsel for the petitioner contends that the allegations against the petitioner are general and vague in nature. It is not even alleged that the deceased was subjected to any cruelty by him soon before death. The petitioner is in custody since 5.7.2021 and three prosecution witnesses have already been examined. He further contends that co-accused/mother-in-law of the deceased has already been admitted to regular bail by this Court, vide order dated 9.12.2022, under similar circumstances. Learned State counsel, on instructions from HC Makhan Singh, ASHWANI KUMAR 2023.03.01 18:23 I attest to the accuracy and integrity of this document

CRM-M No. 7188 of 2023 -2opposes the grant of bail as the trial is going on. The complainant and two other prosecution witnesses have already been examined, and the remaining eleven witnesses will soon be examined.

The facts enumerated above have been considered. It is apparent that material prosecution witnesses, including the complainant, already stand examined, and trial of the case is not going to conclude in near future as eleven witnesses are still to be examined. The petitioner is in custody since 5.7.2021, and no useful purpose will be served by confining him to custody during trial any further.

In view thereof, the petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate. (TRIBHUVAN DAHIYA) JUDGE 1.3.2023 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.03.01 18:23 I attest to the accuracy and integrity of this document