Harvinder Kaur @ Hinda v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (I) Date of Decision:14.11.2019 HARVINDER KAUR @ HINDA .....Petitioner

Versus

STATE OF PUNJAB .....Respondent (II) PARAMJIT SINGH ....Petitioner

Versus

STATE OF PUNJAB ....Respondent CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL

Present:

Mr. Kamaldeep Singh Sidhu, Advocate for the petitioner in CRM-M-39040-2019.

Mr. Raman Kumar, Advocate for Mr. Prashant Vashisth, Advocate for the petitioner in CRM-M-20076-2019.

Ms. Ruchika Sabherwal, AAG, Punjab.

Mr. S.P. Singh, Advocate for Mr. B.S. Bumla, Advocate for the complainant in CRM-M-39040-2019.

GURVINDER SINGH GILL , J. (ORAL) 1.

This order shall dispose of the aforementioned petitions filed on behalf of Paramjit Singh and Harvinder Kaur @ Hinda (father-in-law & mother-inlaw) seeking regular bail in respect of FIR registered against them vide

( 2 ) FIR No.99 dated 8.10.2018 under Sections 304-B & 120-B IPC, Police Station Anaj Mandi, District Patiala.

2.

The FIR was lodged at the instance of Gurdit Singh wherein it has been alleged that his sister Surinder Kaur was married to Mangat Singh in February, 2018. It is alleged that shortly after her marriage she used to be harassed by her husband Mangat Singh, mother-in-law Ninda Kaur and father-in-law Paramjit Singh in order to press upon their demand of dowry. It is further alleged that on 8.10.2018, Ninda Kaur (mother-inlaw) informed the complainant telephonically that compalinant's sister had hanged herself.

3.

Learned counsel for the petitioners have submitted that vague allegations have been levelled in the FIR and in fact perusal of FIR would show that there is hardly any allegation worth credence against the petitioners. Learned counsel have submitted that since the petitioners have been behind bars since last more than 1 year and trial is proceedings at snail's pace, the petitioners deserve to be released on bail. 4.

Opposing the petition, learned State counsel assisted by learned counsel for the complainant has submitted that since specific allegations have been levelled in the FIR, no case for grant of bail is made out. Learned State counsel has however informed that petitioner-Paramjit Singh has been behind bars since 10.10.2018 whereas Harvinder Kaur @ Hinda has been behind bars since 29.10.2018 and that as on date only 3 PWs out of cited 16 PWs have been examined. It has further been informed that upon post-mortem, it has been opined that it is a case of death by hanging.

( 3 ) 5.

Having considered rival submissions addressed before this Court and while bearing in mind that the petitioners, who are father-in-law and mother-in-law of the deceased, have been behind bars since last more than one years and that till date only 3 PWs out of cited 16 PWs have been examined, further detention of the petitioners will not serve any useful purpose as conclusion of trial, in trial, in its normal course, is likely to take some its normal course, is likely to take some time time. The petitions, as such, is accepted and it is ordered that petitioners . The petitions, as such, is accepted and it is ordered that petitioners be released on bail on their furnishing bail bonds/surety bonds to the be released on bail on their furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned.

Magistrate, concerned.

( GURVINDER SINGH GILL) 14.11.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No