Beant Kaur v. State Of Punjab

CRM No.M-33897 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 33897 of 2017(O&M) Date of Decision: December 7 , 2017.

Beant Kaur ...... PETITIONER (s)

Versus

State of Punjab ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. D.S.Malwai, Advocate for the petitioner.

Mr. Rahul Rathore, DAG, Punjab.

***** LISA GILL, J.

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.126 dated 25.08.2016 under Sections 304B/34 IPC registered at Police Station Nehian Wala, District Bathinda. It is submitted that the petitioner who is the married sister-in-law of the deceased living in her matrimonial home, has been falsely implicated in this case only due to her relationship with the deceased. No specific allegation has been levelled against the present petitioner. Moreover, the petitioner, it is submitted, was found innocent during investigation and has been summoned to face trial as an additional accused on an application under Section 319 Cr.P.C. Learned counsel for the petitioner submits that the petitioner has appeared before the learned trial court on 20.09.2017 in compliance with order dated 13.09.2017 passed by this Court. She undertakes to appear on the each and every date fixed Omkar Singh 2017.12.08 10:57 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-33897 of 2017 -2before the learned trial court and face proceedings. Therefore, it is prayed that this petition be allowed.

Certified copy of order dated 20.09.2017, filed in Court today, is taken on record subject to just exceptions.

Learned counsel for the State is unable to deny that the petitioner is the married sister-in-law of the deceased. She appeared before the learned trial court pursuant to order dated 13.09.2017 passed by this Court. Learned counsel for the State, on instructions from ASI Gurpreet Singh, verifies that the petitioner is not involved in any other criminal case.

There are no allegations on behalf of the State that the petitioner is likely to abscond or that she is likely to dissuade the witnesses from deposing true facts before the Court, if released on bail. Keeping in view the facts and circumstances of the case but without commenting upon or expressing any opinion on the merits thereof, this petition is allowed. Consequently, interim bail afforded to the petitioner pursuant to order dated 13.09.2017 be made absolute subject to her furnishing bail bonds and surety to the satisfaction of the learned trial court. It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) December 7 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.12.08 10:57 I attest to the accuracy and authenticity of this document Chandigarh