High Court of Punjab and HaryanaCRM-M/8833/2023allowed

Daljit Singh And ANR v. State Of Punjab

2023-02-23Mr. Justice Tribhuvan Dahiya2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No. 8833 of 2023 Date of Decision : 23.2.2023 Daljit Singh and another ..... Petitioners versus State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Lakshay Bector, Advocate, for the petitioners Mr. Kunal Vinayak, AAG, Punjab --- TRIBHUVAN DAHIYA J. (ORAL):

This is a petition under Section 439 Cr.P.C. seeking regular bail to the petitioners in case FIR No.27 dated 16.2.2022 under Sections 304-B and 120-B IPC registered at Police Station Sadar, Ludhiana. Learned counsel for the petitioners contends that the petitioners/ father-in-law and husband of the deceased, are in custody since 16.2.2022. All material prosecution witnesses stand examined, who are PW-1, the complainant (deceased's father), PW-2, the mediator and PW-3, a relative of theirs. Their statements are on record as Annexures P-2 to P-4 respectively. None of them has supported the prosecution. Learned counsel further submits that a son, aged two years, born to the petitioner/husband and the deceased, also needs to be taken care of. He is at present in husband's brother's custody. Learned State counsel, on instructions from ASI Kulbir Singh, submits that trial is progressing and fourteen remaining witnesses will soon be examined. He does not deny that no other case is pending against the petitioners.

In view of the facts aforestated, it is apparent that trial of the case is not likely to conclude in near future as fourteen witnesses still remain to be ASHWANI KUMAR 2023.02.23 19:01 I attest to the accuracy and integrity of this document

CRM-M No. 8833 of 2023 -2examined. At the same time, material witnesses have already been examined, and the infant, who needs parental care of the petitioner/husband, remains in custody of his brother. Therefore, it is deemed appropriate to admit the petitioners to regular bail.

Accordingly, the petition is allowed. The petitioners are ordered to be released on bail on their furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(TRIBHUVAN DAHIYA) JUDGE 23.2.2023 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.02.23 19:01 I attest to the accuracy and integrity of this document