Amarjit Kaur Alias Sethni v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 211-F CRM-M-12224-2021 Decided on : 05.04.2021 Amarjit Kaur @ Sethni . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Gurpreet Singh, Advocate for the petitioner(s).

Mr. Gaurav Garg Dhuriwala, Sr. DAG, Punjab.

**** MANJARI NEHRU KAUL, J. (Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 221, dated 31.07.2020, under Sections 304, 328, 120-B IPC, Section 61 of the Punjab Excise Act, 1914, registered at Police Station City Tarn Taran, District Tarn Taran. Learned counsel for the petitioner inter alia contends that the name of the petitioner was arrayed as an accused on the basis of the interrogation of co-accused and subsequently on the basis of the statements of two family members of the deceased, who stated that the deceased procured illicit liquor from the petitioner. Learned counsel further submits that there was no recovery of any illicit liquor from the petitioner, which supported her false implication in the case in hand.

Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, has conceded that no recovery of illicit liquor was effected from the petitioner. However, he has urged that the role of the petitioner surfaced during the interrogation of the coaccused, wherein, it was stated that the illicit liquor had been procured from the petitioner.

JAWALA RAM 2021.04.06 14:39 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-12224-2021 - 2 - Heard.

In view of the submissions made by learned counsel for the parties and keeping in view the fact that the petitioner has been in custody since 29th August, 2020 and only challan has been presented till date, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. (MANJARI NEHRU KAUL) JUDGE April 05, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.04.06 14:39 I attest to the accuracy and authenticity of this document Chandigarh