Paramjit Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-39334 of 2015 Date of Decision: 30.11.2015 Paramjit Kaur --Petitioner.

Vs.

State of Punjab --Respondent.

CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present : Mr. Nakul Sharma, Advocate for the petitioner.

Mr. Daljit Singh Virk, AAG, Punjab.

**** RAMESHWAR SINGH MALIK J. (ORAL) Petitioner seeks bail pending trial in FIR No. 16 dated 1.3.2014 under Sections 302/120-B/34 IPC, registered at Police Station Mamdot, District Ferozepur.

Learned counsel for the petitioner places reliance on the order dated 10.9.2015 passed by this Court in CRM-M-29716 of 2015 (Ramesh Singh @ Haresh Singh Vs. State of Punjab) (Annexure P-3), to contend that since case of the petitioner is identically placed with the case of her abovesaid co-accused, she is also entitled for the similar relief. He prays for allowing the present petition.

On the other hand, learned counsel for the State, on instructions from ASI Pawan Kumar, submits that case of the present petitioner is not identical with her abovesaid co-accused Ramesh Singh. He further submits that since allegations AMIT KUMAR 2015.12.01 09:33 I attest to the accuracy and authenticity of this document

Criminal Misc. No. M-39334 of 2015 against the petitioner are direct and serious, she is not entitled for the concession of bail pending trial. He prays for dismissal of the present petition.

Having heard the learned counsel for the parties, after careful perusal of record of the case and giving thoughtful consideration to the contentions raised, this Court is of the considered opinion that since petitioner has been found identically placed with her abovesaid co-accused Ramesh Singh, she also deserves the concession of bail pending trial. It is so said because, it is a matter of record that two material witnesses have not supported the prosecution version. Petitioner is inside the jail for that last more than 1 year, 8 months and 20 days. Further, since prosecution evidence is still going on, conclusion of trial will take some time. In view of the above and without commenting anything on the merits of the case, at this stage, lest it should prejudice the rights of either of the parties, instant petition is allowed. Petitioner is directed to be released on bail pending trial on her furnishing adequate bail bonds/surety bonds to the satisfaction of learned trial court.

Disposed of, accordingly.

(RAMESHWAR SINGH MALIK) JUDGE 30.11.2015 AK Sharma AMIT KUMAR 2015.12.01 09:33 I attest to the accuracy and authenticity of this document