Gopal Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-18504-2020 Decided on : 07.09.2020 Gopal Singh . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. G.S. Sandhu, Advocate for the petitioner(s).

Ms. Rashmi Attri, AAG, Punjab assisted by HC Gurpreet Singh.

**** MANJARI NEHRU KAUL, J.

Due to the outbreak of pandemic COVID-19, the instant case is being taken up for hearing through video conferencing. The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 146, dated 02.12.2019, under Sections 302, 34 of IPC (Sections 304-B, 498-A, 120-B IPC added later on), registered at Police Station Cantt. Bathinda, District Bathinda. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the FIR in question, as he was neither present at the time of occurrence nor was he named in the FIR by the complainant. It has been further submitted that the petitioner has been in custody since 04th December, 2019 and due to the outbreak of the pandemic COVID-19, there is no likelihood of the trial to conclude in the near future.

Learned State counsel while strongly opposing the submissions of the learned counsel for the petitioner, has submitted that the deceased Rajni @ Laxmi was the wife of the petitioner, who died within seven years of their marriage. She has further submitted that the name of the petitioner was JAWALA RAM 2020.09.

CRM-M-18504-2020 - 2 - 161 Cr.P.C., soon after the occurrence, by the mother of the deceased, wherein, she specifically alleged that her deceased daughter was being subjected to continuous harassment and maltreatment on account of dowry demands. Learned State counsel has further submitted that crime in question came to the notice of the complainant, who was a neighbour. On hearing the cries of the deceased, the complainant knocked at the door of the petitioner's house, which was then opened by co-accused Ram Singh and Sham Singh, who were none other than the real brothers of the petitioner. When the door was opened, they were found carrying gloves and an electric wire and were overheard talking by the complainant that the deceased had been eliminated for causing harassment to the petitioner. On entering the house, the complainant saw the deceased lying dead on the coat. Learned State counsel has further submitted that the deceased was done to death by giving electric shocks, which found corroboration from the postmortem report as well. Heard.

Prima facie, there are serious allegations levelled against the petitioner and his brothers, who are co-accused in the instant case. Keeping in view the nature and gravity of the offence coupled with the fact that the charges have not yet been framed, no ground is made out to extend the concession of regular bail to the petitioner. Dismissed.

(MANJARI NEHRU KAUL) JUDGE September 07, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.09.08 16:16 I attest to the accuracy and authenticity of this document Chandigarh