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High Court of Punjab and HaryanaCRM-M/21021/2021allowed

Sunita Rani @ Sunita v. State Of Punjab

2021-07-16Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-21021-2021 Decided on : 16.07.2021 Sunita Rani @ Sunita . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Amit Dhawan, Advocate for the petitioner(s).

Mr. Luvinder Sofat, AAG, Punjab assisted by ASI Kabul Singh.

**** 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. 35, dated 06.04.2019, under Sections 306, 34 IPC (added later on Section 302 IPC), registered at Police Station Kartarpur, District Jalandhar Rural. Learned counsel for the petitioner inter alia contends that the deceased, who was the daughter-in-law of the petitioner, was suffering from depression, as she was unable to conceive. Learned counsel submits that the deceased and the son of the petitioner had performed a love marriage in the year 2015 and the occurrence in question took place in the year 2019. During the intervening period no complaint was ever levelled against the inlaws family or the petitioner qua any kind of harassment.

Learned counsel further submits that the petitioner is a 50 years old lady, who has been in custody since 08th April, 2019 and only charges have been framed as on date, hence, there is no likelihood of the trial concluding anytime in the near future. She may, therefore, be extended the concession of regular bail. JAWALA RAM 2021.07.

CRM-M-21021-2021 - 2 - Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions from ASI Kabul Singh, has submitted that the next date before the trial Court is fixed for 28th April, 2021, when the prosecution evidence is likely to commence.

Heard.

In view of the submissions made by learned counsel for the parties and keeping in view the fact that the petitioner is a 50 years old lady and has been in custody since 08th April, 2019, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. (MANJARI NEHRU KAUL) JUDGE July 16, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.07.16 16:52 I attest to the accuracy and integrity of this document