Balwinder Singh & ANR v. State Of Punjab

CRM No.M-38748 of 2016 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 38748 of 2016(O&M) Date of Decision: February 27 , 2017.

Balwinder Singh and another ...... PETITIONER (s)

Versus

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

Present:

Mr. Veneet Sharma, Advocate for the petitioner.

Mr. Arjinder Singh Sidhu, AAG, Punjab.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

Prayer in this petition is for grant of anticipatory bail to the petitioners in FIR No.286 dated 26.09.2016 under Sections 306/34 IPC, registered at Police Station Sultanwind, Amritsar City, District Amritsar. It is submitted that the petitioners' son Akashdeep Singh was disowned by the petitioners in May, 2015 itself. Copies of the affidavit dated 20.05.2015 and the public notice dated 21.05.2015 are attached as Annexures P2 and P3, respectively, with this petition. It is further submitted that the present petitioners have no concern whatsoever with their son Akashdeep Singh or his wife (deceased). Akashdeep Singh was living separately from Omkar Singh 2017.02.28 15:21 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-38748 of 2016 [2] them in a rented accommodation. There is nothing on record which would indicate the commission of the offence under punishable Sections 306/34 IPC by the present petitioners. Furthermore, pursuant to order dated 11.11.2016 passed by this Court, the petitioners have joined investigation. It is submitted that the petitioners undertake to join investigation as and when required. Learned counsel for the State, on instructions from ASI Balwinder Singh, affirms that the petitioners who are the father-in-law and mother-in-law of the deceased have joined investigation.

I have heard learned counsel for the parties. Undoubtedly petitioners have joined investigation. No recovery is to be effected from them. Their custodial interrogation in the facts and circumstances of the case is not required. There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. In view of the above but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. Consequently, order dated 11.11.2016 is made absolute.

( LISA GILL ) February 27 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.02.28 15:21 I attest to the accuracy and authenticity of this document Chandigarh