Sandeep Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 206 Case No. : CRM-M No. 20959 of 2020 Date of Decision : August 11, 2020 Sandeep Kaur ....

Petitioner vs.

State of Punjab ....

Respondent CORAM : HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA. * * * Present :

Mr. Balkaran Singh Aulakh, Advocate for the petitioner.

Mr. Sukhbeer Singh, AAG, Punjab for the respondent-State.

* * * MEENAKSHI I. MEHTA , J.

:

Case has been taken up through video-conferencing in view of the outbreak of Pandemic COVID-19.

By way of this petition, the petitioner above-named has sought the relief of bail in the case registered vide FIR No.100 on 20.08.2018 at Police Station Arni Wala, District Fazilka, under Section 306 IPC. Learned State Counsel has put in appearance in pursuance of the advance notice issued to the respondent State. Learned counsel for the petitioner points out that the petitioner happens to be the mother-in-law of deceased Kala Singh who, as per the prosecution version, had died after consuming some poisonous substance because of being upset on account of the alleged illicit relations of his wife with Gosha Singh and also due to the reason that his father-in-law did not ever object for such relations and he contends that the name of the petitioner did not find mention in the FIR and she had been implicated in this case on the basis of the suicide note as claimed to have been left behind by the MONIKA 2020.08.11 04:48 I attest to the accuracy and integrity of this document

CRM-M No. 20959 of 2020 : 2 :

deceased. He further contends that the husband as well as co-accused of the petitioner, namely Lakha Singh, i.e. the father-in-law of the deceased, has already been granted the benefit of bail by a Co-ordinate Bench of this Court vide order dated 21.07.2020 (Annexure P/5) and the roles as attributed to the said Lakha Singh and the present petitioner are the same and therefore, the petitioner is entitled to the relief of bail on the ground of parity. He further points out that even the main accused, i.e. above-said Gosha Singh, has already been acquitted in the present case. Learned State Counsel does not dispute the above-said factual position.

Keeping in view all the afore-discussed facts and circumstances and also the facts that challan has, admittedly, been presented in this case and the trial is likely to take sufficient time to conclude, especially in view of the outbreak of Pandemic COVID-19 which has restricted the functioning of the Courts and without expressing any opinion on the merits of this case, the petitioner is ordered to be released on regular bail, subject to her furnishing the requisite bail bonds/surety bonds, to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate. The petition stands allowed accordingly.

(MEENAKSHI I. MEHTA) JUDGE August 11, 2020 monika Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

MONIKA 2020.08.11 04:48 I attest to the accuracy and integrity of this document