Parveen Kumari v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M- 11587 of 2015 Date of Decision: 18.8.2015 Parveen Kumari .....Petitioner Vs.

State of Punjab .....Respondent CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present : Mr. Jasbir Singh Gill, Advocate for the petitioner.

Mr. K.D.Sachdeva, Additional A.G. Punjab.

**** RAMESHWAR SINGH MALIK J. (ORAL) Petitioner seeks bail pending trial in FIR No. 53 dated 2.4.2013 under Sections 302/201/34 IPC, registered at Police Station Sadar Hoshiarpur.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. He further submits that petitioner is inside the jail for the last more than two years and four months. Since prosecution evidence is still going on, conclusion of trial will take long time. He concluded by submitting that one of the witnesses has also not supported the case of the prosecution. He prays for allowing the present petition.

On the other hand, learned counsel for the State, on instructions from Inspector Lakhvir Singh, submits that most of the prosecution witnesses have already been examined and the next date of hearing before the learned trial court is 27.8.2015. In this view of the matter, trial will be concluded in a short span of time. He concluded by submitting that since the allegations against the petitioner are direct and AMIT KUMAR 2015.08.21 15:09 I attest to the accuracy and authenticity of this document

CRM-M- 11587 of 2015 serious, she is not entitled for the concession of bail pending trial. He prays for dismissal of the present petition.

Having heard the learned counsel for the parties, after careful perusal of the record of the case and giving thoughtful consideration to the rival contentions raised, this Court is of the considered opinion that in the given fact situation of the present case, petitioner has not been found entitled for the concession of bail pending trial. It is so said, because allegations against the petitioner are not only direct and specific but the same are serious as well. Since most of the prosecution witnesses have already been examined, trial will be concluded in the near future. In view of the above and without commenting anything further on the merits of the case, at this stage, lest it should prejudice the rights of either of the parties, no case for bail pending trial has been made out. Dismissed.

However, learned trial court is directed to make an endeavour to conclude the trial at an early date. The prosecuting agency is directed to produce all the remaining witnesses as early as possible and the Senior Superintendent of Police, Hoshiarpur, is also directed to ensure presence of PW4-Parminder Singh before the learned trial court on the next date of hearing, so that his cross-examination is conducted. (RAMESHWAR SINGH MALIK) JUDGE 18.8.2015 Ak Sharma AMIT KUMAR 2015.08.21 15:09 I attest to the accuracy and authenticity of this document