Jaswinder Singh @ Sonu v. State Of Punjab

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 46090 of 2016(O&M) Date of Decision: May 30 , 2017.

Jaswinder Singh @ Sonu ...... PETITIONER (s)

Versus

State of Punjab ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Sandeep Arora, Advocate for the petitioner.

Mr. Deep Singh, AAG, Punjab.

Mr. Vivek K.Thakur, Advocate for the complainant.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

The petitioner prays for bail pending trial in FIR No.86 dated 18.08.2015 under Section 306 IPC registered at Police Station Fattu Dhinga, District Kapurthala.

It is submitted that the petitioner has been falsely implicated in this case. In fact, the petitioner and the deceased had a certain affection for each other but the family of the deceased was not in favour of this relationship. It is

[2] due to this reason that the deceased committed suicide. Furthermore, the names of the persons with whom the deceased was allegedly betrothed i.e., the ones the petitioner approached for not forming an alliance with the deceased, are not forthcoming. The petitioner, it is submitted, is not involved in any other case and he has been in custody since 06.10.2015. Therefore, this petition be allowed.

Learned counsel for the the complainant submits that the deceased left a suicide note specifically naming the petitioner being responsible for her death. In fact, these very letters annexed as Annexures P2 and P3 with the petition were used by the petitioner to ensure that the deceased did not get married anywhere else.

Be that as it may, learned counsel for the State does not deny that the petitioner is not involved in any other case and he has been in custody since the beginning of October, 2015. Prosecution is to examine twenty witnesses out of whom seven are yet to be examined. The complainant in this case alongwith other material witnesses have testified before the learned trial court. Trial in this case is not likely to conclude in the near future. There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Keeping in view the facts and circumstances as above and the period of imprisonment undergone by the petitioner, but without commenting upon or expressing any opinion on the merits of the case, this petition filed by Jaswinder Singh @ Sonu is allowed. The petitioner shall be released on bail pending trial

[3] subject to his furnishing requisite bail bonds and surety to the satisfaction of the learned Trial Court.

It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) May 30 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No