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High Court of Punjab and HaryanaCRM-M/42924/2014allowed

Harpreet Kaur v. State Of Punjab

2015-01-23Mr. Justice Krishna Murari3 pages

RAJ KUMAR ARORA 2015.01.28 11:23

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on: January 23, 2015.

(1) CRM-M-42924-2014 (O&M).

Harpreet Kaur ..... Petitioner(s)

Versus

State of Punjab ..... Respondent(s) * * * (2) CRM-M-43109-2014 (O&M).

Rajbir Kaur @ Neetu ..... Petitioner(s)

Versus

State of Punjab ..... Respondent(s) * * * (3) CRM-M-1267-2015 (O&M).

Captain Singh ..... Petitioner(s)

Versus

State of Punjab ..... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.Ashok Khichi, Advocate, for the petitioner in CRM-M-42924-2014 and CRM-M-43109-2014.

Mr.Inder Pal Singh, Advocate, for the petitioner in CRM-M-1267-2015.

Mr.J.S.Brar, AAG., Punjab.

M.M.S. BEDI, J (ORAL) This order will dispose of the above noted three

petitions i.e., CRM-M-42924-2014, titled Harpreet Kaur Vs. State of Punjab, filed by married sister of Captain Singh, CRM-M-431092014, titled Rajbir Kaur @ Neetu Vs. State of Punjab, filed by unmrried minor sister of Captain Singh for the grant of pre-arrest bail under Section 438 Cr.P.C. and CRM-M-1267-2015 titled Captain Singh Vs. State of Punjab, for the grant of regular bail under Section 439 Cr.P.C., in a case registered at the instance of Balwinder Singh alleging that his daughter Sandeep Kaur was married to Captain Singh, a Constable in the Army. There are serious allegations of Captain Singh having illicit relations with one Bimaljit Kaur. It is alleged that he openly contacted the said lady in presence of deceased and used foul language besides assaulting her. The matter appears to be still under investigation. The main allegations are against Captain Singh.

So far as Harpreet Kaur and Rajbir Kaur females are concerned, they have joined investigation pursuant to the interim orders passed by this Court. It does not appear to be a case of custodial interrogation of the ladies. Though, there are allegations that they used to encourage their brother Captain Singh to get rid of the deceased.

Taking into consideration the said circumstances, the petitions of Harpreet Singh and Rajbir Kaur for pre-arrest bail are allowed. It is ordered that in case of their arrest, they will be released on bail to the satisfaction of the arresting officer subject to the

conditions that they will join investigation as and when required and will not tamper with the evidence or hamper investigation, in any manner.

So far as petitioner Captain Singh is concerned, counsel for the petitioner has vehemently contended that the petitioner was not in the village on the day the deceased commited suicide. He had come to the village and returned one month prior to the date of occurrence.

I have considered the contention of the learned counsel for the petitioner and gone through the police record. It transpires from the police record that the petitioner had been in contact with the deceased on telephone as per the call details gathered during the course of investigation. It will be pre-mature to arrive at a conclusion whether the act of the petitioner having alleged illicit relations with another lady could have been an act which compelled the deceased to commit suicide when the investigation is at initial stage.

No ground is made out to grant the concession of regular bail to the petitioner Captain Singh, at this stage. The petition of Captain Singh for regular bail is dismissed without prejudice to the rights of the petitioner to approach this Court again after presentation of challan. (M.M.S. BEDI) January 23, 2015.

JUDGE rka