High Court of Punjab and HaryanaCRM-M/2173/2015allowed

Bhagwanti Kaur v. State Of Punjab

2015-01-27Mr Justice Rakesh Kumar Jain2 pages

Crl. Misc. No. M-2173 of 2015 -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-2173 of 2015 Date of Decision: 27.1.2015.

Bhagwanti Kaur ......Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Surinder Garg, Advocate for the petitioner.

Mr. V.P.S.Sidhu, AAG, Punjab **** SABINA, J.

Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in FIR No. 29 dated 30.4.2014 under Section 302 (added later on), 324, 323, 34 of the Indian Penal Code, 1860, registered at Police Station Bareta, District Mansa.

Prosecution story, in brief is that on 29.4.2014, at about 6.30 A.M., complainant was abused by her sister-in-law Bhagwanti Kaur-petitioner. Thereafter, petitioner took out a brickbat from the road and hit the same on the back of the complainant. In the meantime, Teja Singh, husband of the complainant, came to the spot. Karnail Singh, husband of the petitioner, armed with a dang, also came to the spot along with his son Jagtar Singh, armed with a gandasa and sister-in-law Karamjit Kaur. Jagtar Singh gave a gandasa blow which hit on the middle fingers of the hand of the complainant. When Teja Singh intervened, Jagtar Singh gave a GURPREET SINGH 2015.01.28 14:59 I attest to the accuracy and authenticity of this document Chandigarh

Crl. Misc. No. M-2173 of 2015 -2gandasa blow on the backside of the head of Teja Singh. Complainant as well as Teja Singh fell on the ground. Then Karnail Singh gave a dang blow on the left shoulder of the complainant. Karamjit Kaur picked up a brickbat from the road and hit the same on the left side of the head of Teja Singh. Karnail Singh gave a dang blow on the right side of the head of Teja Singh and a fist blow on his left eye. Thereafter, all the accused fled away from the spot.

Heard.

Petitioner is in custody since 30.5.2014. As per the prosecution case, petitioner is attributed an injury on the person of the complainant and the said injury is simple in nature. Petitioner has not been attributed any injury on the person of the deceased. Challan has already been presented in the Court and conclusion of trial may take time.

Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of Chief Judicial Magistrate, Mansa. (SABINA) JUDGE January 27, 2015 Gurpreet GURPREET SINGH 2015.01.28 14:59 I attest to the accuracy and authenticity of this document Chandigarh