Sukhdeep Kaur v. State Of Punjab

-2 which his brother objected. His sister-in-law Sukhdeep Kaur, to clear her way, in conspiracy with Harjinder Singh took Manjit Singh to Kacha Mansurdeva Road, Zira on the pretext of a walk on 06.06.2024 at around 9:30 p.m. where a car arrived carrying Harjinder Singh and 3 others. Sukhdeep Kaur, in conspiracy with Harjinder Singh kidnapped Manjit Singh with intention to kill him. They had been searching for him and were convinced that Sukhdeep Kaur and Harjinder Singh had committed the offence under conspiracy. FIR was registered under Sections 364 and 120-B IPC. Later, offence under Section 302 IPC was added on 17.06.2024. 3.

Learned counsel for the petitioner submits that petitioner was falsely implicated by elder brother of her husband with oblique motive. There was no admissible, credible or substantive evidence collected by the police to connect petitioner with the alleged offence. Till date, the dead body of Manjit Singh was neither recovered nor traced rendering prosecution case highly doubtful. There was no evidence against the petitioner regarding kidnapping and murder of her husband and the only allegation against her was with respect to illicit relations. PW Nirmal Singh whose statement was recorded regarding throwing of heavy object by Harjinder Singh and coaccused into river Beas near his farm, was declared Hostile. Petitioner was behind bars for the last more than 2 years. Her antecedents were clean. No recovery was effected from her possession. It was, thus, prayed that petitioner be enlarged on regular bail.

4.

Learned State counsel has filed status report by way of affidavit of Jaspal Singh, PPS Deputy Superintendent of Police, Sub Division Zira, District Ferozepur, along with custody certificate. Prayer for regular bail is

-3 opposed submitting that during investigation of the case, statement of Manak Singh owner of a Hotel was recorded according to which on 07.06.2024, accused Harjinder Singh and Sukhdeep Kaur booked a room in his Hotel. Further, accused Harjinder Singh made an extra-judicial confession to one Rakesh Kumar @ Monu regarding murder of Manjit Singh by him and his other friends. Thereafter, the dead body was thrown in the canal. Tower location of the mobile number of Harjinder Singh was found to be of the place of occurrence. Call detail records of petitioner with Harjinder Singh established that they were in regular contact after kidnapping of Manjit Singh. It was urged that petitioner, in criminal conspiracy with co-accused, got her husband kidnapped and killed and disposed of the dead body by throwing the same into Sutlej.

Further, out of 26 witness, 7 prosecution witnesses had been examined. Petitioner is behind bars w.e.f. 13.6.2024 i.e. for the last 2 years and 7 days. She has been booked for conspiracy with co-accused to commit murder of her husband. Concededly, the dead body of Manjit could not be recovered during investigation or thereafter. Petitioner has no criminal antecedents. Out of 27, only 7 witnesses have been examined and conclusion of trial by an early date does not appear to be in sight. Further detention of petitioner is not warranted and would violate her fundamental right to speedy trial under Article 21 of Constitution of India.

In the given facts and circumstances of the case but without commenting on merits, petitioner is ordered to be released on regular bail subject to her furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate.

-4 All the pending miscellaneous applications, if any, stand disposed of.

(SHALINI SINGH NAGPAL) JUDGE 03.07.2026 reema Whether speaking/reasoned :

Yes Whether reportable :

No