Santosh Kaur v. State Of Punjab And Another

CRM-M-16072-2020 [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-16072-2020 Date of Decision : 04.08.2020 Santosh Kaur.........................................................................Petitioner

Versus

State of Punjab and another................................................ Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

(Through video conferencing)

Present:

Mr. Karanjit Singh, Advocate for the petitioner.

Mr. Pawan Sharda, Sr. DAG, Punjab.

...

MANJARI NEHRU KAUL, J. (Oral):

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 91 dated 22.07.2019 under Sections 304-B and 34 IPC registered at Police Station Mukerian District Hoshiarpur.

Contends that the petitioner is a victim of false implication and in the rush of emotions the complainant registered the aforesaid FIR against all the family members of his deceased daughter. Further contends that an inquiry (Annexure P2) was conducted by the police and it was found that no harassment on account of the alleged dowry demand was ever caused to the deceased. Resultantly, Dilawar Singh, father-in-law of the deceased, and his co-accused Japal Singh were found innocent. It was further contended that RUPINDER KAUR 2020.08.04 15:21 I attest to the accuracy and integrity of this document

CRM-M-16072-2020 [ 2 ] in the inquiry it seemed to be a routine dispute between the spouses and the petitioner being the mother-in-law of the deceased was implicated in the case. The learned counsel thus prays for concession of regular bail as the petitioner has been behind bars since 23.07.2019 and till date no prosecution witness has been examined. Hence, it is unlikely that the trial would conclude any time in the near future.

Learned counsel for the State while opposing the prayer for the grant of regular bail, however, has not been able to controvert the factual aspect of the submissions so made by the learned counsel for the petitioner. Heard.

In view of the submissions made by the learned counsel and keeping in view that the petitioner has been in custody since 23.07.2019, no useful purpose would be served by keeping the petitioner behind bars as the trial is unlikely to conclude in the near future. I deem it a fit case to grant the concession of regular bail. The petition is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that any observation made herein above shall not be construed as an expression of opinion on the merits of the case. ( MANJARI NEHRU KAUL) 04.08.2020 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No RUPINDER KAUR 2020.08.04 15:21 I attest to the accuracy and integrity of this document