Amanpreet Kaur v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: August 10, 2015 Amanpreet Kaur

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr.J.S.Bhandohal, Advocate, for the petitioner.

Mr.K.S.Pannu, DAG, Punjab.

Naresh Kumar Sanghi, J.(Oral) CRM-24707-2015 Prayer in this application is for grant of exemption from filing the certified copies of FIR (Annexure P-1) and copy of the order passed by learned trial court (Annexure P-2). After hearing learned counsel for the parties and going through the contents of the application, the same is allowed. The applicant is exempted from filing the certified copies of FIR (Annexure P-1) and copy of the order passed by learned trial court (Annexure P-2).

CRM-M-25734-2015 Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of bail to the petitioner, Amanpreet Kaur, who has been booked for having committed the offence SEEMA RANI 2015.08.11 14:12

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punishable under Section 306, IPC, in a case arising out of FIR No.23 dated 20.06.2013, registered at Police Station, Tallewal, District Barnala.

Learned counsel for the petitioner contends that as per the prosecution version, Jagjit Singh (since deceased) has left behind a suicide note; even if the contents of the said suicide note are taken at its face value then also there is not an iota of allegation against the petitioner, Amanpreet Kaur that she abetted Jagjit Singh for committing suicide; the petitioner is a woman and is behind the bars since 15.10.2014; after completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) was presented and after farming of the charge, the prosecution has already started examining its witnesses; the private witnesses of the prosecution belong to the village of Jagjit Singh (since deceased) and they are unlikely to be won-over by the petitioner.

On the other hand, learned counsel for the State, on instructions from ASI Jaswant Singh, Police Station, Tallewal, District Barnala, has opposed the grant of bail to the petitioner. I have heard learned counsel for the parties and with their able assistance gone through the material available on record.

Applicability of Section 306, IPC, qua the petitioner would be a moot point during trial. The petitioner is a woman and is behind the bars from 15.10.2014. After completion of the

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investigation, the charge-sheet (report under Section 173, Cr.P.C) has already been presented and as such, she is no more required for investigation etc. Mother of the petitioner is also behind the bars in this very case.

In view of the totality of the facts and circumstances of the case, the present petition is allowed. Petitioner-Amanpreet Kaur, w/o late Jagjit Singh and d/o Mohinder Singh, r/o Joranwali Basti, Patran, District Patiala, is ordered to be released on bail, during pendency of trial of the present case, subject to her furnishing bond in the sum of ` 1,00,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Barnala. August 10, 2015 (Naresh Kumar Sanghi) seema Judge