Jaswinder Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-30127 of 2015(O&M) Date of Decision: 21.09.2015 Jaswinder 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-29092-2015 Prayer in this application is for grant of exemption from filing the certified copy of FIR (Annexure P-1) and copy of the suicide note (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 granted exemption from filing the certified copy of FIR (Annexure P-1) and copy of the suicide note (Annexure P-2).

Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of bail to the petitioner, Jaswinder Kaur, who has been booked for having committed the offence 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.

-2Learned counsel for the petitioner contends that Jagjit Singh (since deceased) was the son-in-law of the petitioner; he was mentally depressed person; due to mental disease, Jagjit Singh consumed intoxicating substance and died; the informant side wanted to encash the death of Jagjit Singh, therefore, the false and frivolous case was got registered against the petitioner and her daughter, who happened to be wife of Jagjit Singh (since deceased). He further points out that Amanpreet Kaur, wife of Jagjit Singh deceased and daughter of the petitioner, had already been granted bail by this Court vide order dated 10.08.2015. After completion of the investigation, charge-sheet (report under Section 173 Cr.P.C.) has been presented.

He further points out that during investigation the matter was enquired into by the Superintendent of Police (D), Sangrur and he found the allegations to be false qua the petitioner. Learned counsel for the State has not controverted the fact that during investigations/enquiry by Superintendent of Police (D), Sangrur, the allegations against the petitioner were not found correct. However, the said report was not approved by the Senior Superintendent of Police. He admits that the charge-sheet has been presented in the present case.

-3After hearing learned counsel for the parties and going through the material available on the record, it is found that the petitioner, who is a woman, is behind bars from 15.10.2014. After completion of the investigation, the chargesheet has already been presented. The co-accused has also been granted bail by this Court.

In view of the above, the present petition is allowed. Petitioner-Jaswinder Kaur, w/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 bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Barnala.

(NARESH KUMAR SANGHI) JUDGE 21.09.2015 sp