Dalip Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-26649-2017 Date of decision: 17.08.2017 Dalip Kaur

...Petitioner

Versus

State of Punjab

...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. K.S. Sekhon, Advocate, for the petitioner.

Mr. Abhaypal Singh Gill, Asstt. A.G., Punjab. **** JAISHREE THAKUR, J. (ORAL) The instant petition under Section 438 Cr.P.C. has been filed by the petitioner for grant of anticipatory bail in case FIR No. 93 dated 18.05.2017 under Sections 306, 120-B IPC, registered at Police Station City Faridkot, District Faridkot.

It is contended by learned counsel for the petitioner that the petitioner is 70 years of age and has been falsely implicated in the case and in fact both her husband and son were taken into custody. It is further argued that there are two minor children, who need to be looked after and there would be no one who is able to do so.

The grant of bail to the petitioner is vehemently opposed by the learned State counsel, who submits that as per the investigation there are specific allegations made out against the petitioner in the mobile recordings and at this stage it would not be appropriate to grant the relief as sought for. Satyawan 2017.08.18 16:29 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-26649-2017 -2I have heard learned counsel for the petitioner and the learned State counsel and while keeping the interest of the minor children in mind thought it appropriate to send for the maternal grandfather of the minor children. Tarsem Singh, maternal grandfather is present in Court and has been identified by SI Navpreet Singh Dhull, who is also the complainant in the FIR submits that his daughter Koni, who is sister of the deceased, would look after of all the daily needs and educational needs of the minor children. Undoubtedly, an FIR under Section 306 and 120-B IPC has been registered against the petitioner and at this stage her custodial interrogation is required, therefore, this Court is not inclined to grant bail to the petitioner. Therefore, finding no merit in the present petition, the same is dismissed.

Let custody of the children be handed over to the maternal grandfather Tarsem Singh till such time as their father is released from the jail or as per the wishes of the minor children. 17.08.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2017.08.18 16:29 I attest to the accuracy and authenticity of this document High Court Chandigarh