High Court of Punjab and HaryanaCRM-M/39372/2016allowed

Rajinder Singh v. State Of Punjab

2017-01-10Mrs. Justice Raj Rahul Garg2 pages

CRM-M-39372-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39372-2016 (O&M) Date of Decision:- 10.01.2017 Rajinder Singh ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Satinder Kaur, Advocate, for the petitioner.

Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

**** RITU BAHRI, J. (Oral) Present petition is for release of petitioner on regular bail in FIR No.68 dated 21.06.2016, under Sections 304-B IPC, registered at Police Station Sadar Mansa, District Mansa.

Learned counsel for the petitioner submits that the petitioner is father-in-law of deceased Mandeep Kaur and living in Jagadhri as he was working as technician Grade-II in the Northern Railway at Jagadhri Workship. His son was working in the Indian Army and posted at Zirakpur. When son of the petitioner came on vacations, he had to go back on duty on 26/27/.06.2016 and his wife had insisted him to stay with her. Subsequently, when her demands not fulfilled, she consumed a bottle of perfume, namely, Cobra Spray. Moreover, the petitioner was not present at home at the time Naresh Kumar 2017.01.11 16:27 I attest to the accuracy and integrity of this document Chandigarh of incident and nothing is to be recovered from him.

CRM-M-39372-2016 (O&M) -2Learned State counsel on instructions from investigating officer has informed that as per FSL report, no poison was detected in viscera of the deceased and there was no injury marks on her body as well. This fact is further evident from the chemical examination report (Annexure A-2 (Colly.) placed on record by learned counsel for the petitioner. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. The petitioner was arrested on 23.06.2016. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. Moreover, the presence of the petitioner on the relevant time, would be the moot point to be decided during the course of trial, after acceptance of the evidence, by the trial Court. In view of above facts, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Judge/Duty Magistrate, Mansa.

Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the main case, in any manner. January 10, 2017 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.01.11 16:27 I attest to the accuracy and integrity of this document Chandigarh