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High Court of Punjab and HaryanaCRM-M/49101/2017dismissed

Parminder Kaur v. State Of Punjab

2018-04-04Lok Adalat Bench - 14 pages

CRM-M No. 49101 of 2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No. 49101 of 2017 (O&M) Date of decision : 4.4.2018 ...

Parminder Kaur ................Petitioner vs.

State of Punjab .................Respondent Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. K.S. Chahal, Advocate for the petitioner.

Mr. Saurav Khurana, Deputy Advocate General, Punjab.

...

H. S. Madaan, J.

This petition for grant of regular bail has been filed by petitioner - Parminder Kaur, an accused in FIR No. 187 dated 26.8.2017, for offences under Section 302/34 IPC and Section 25/27 of the Arms Act, registered at Police Station Sadar, Khanna, District Ludhiana.

Briefly stated, facts of the case as per the prosecution story are that the FIR in this case was registered on the basis of statement of Amandeep Singh s/o Kirpal Singh r/o Ikolaha, Police Station Sadar Khanna, wherein he stated that his younger brother

CRM-M No. 49101 of 2017 -2Gurjant Singh, serving in Indian Army had come home on leave; that house of Balvir Singh, uncle of the complainant is the neighbourhood of the complainant and house of complainant Amandeep Singh is visible from roof top of the house of Balvir Singh; that on 25.8.2017, at about 8.00 P.M. when electric lights were glowing in the courtyard of the complainant and family of the complainant was present in their house, watching television in the court yard, then Gurjit Kaur sister-in-law of the complainant went towards the bathroom and sat down to urinate outside the bathroom. Then Balvir Singh went to the roof of his house and started watching Gurjit Kaur. Gurjant Singh brother of the complainant stopped Balvir Singh from doing so, which resulted in exchange of hot words.

Balvir Singh challenged Gurjant Singh to come out in the street. Then Gurjant Singh having a licensed double barrel gun went to the street. In the meanwhile Balvir Singh @ Maru alongwith his sons Davinder Singh @ /Deepa and Satwinder Singh @ Gola and his daughter-inlaw Parminder Kaur w/o Davinder Singh armed with wooden sticks came out in the street and started giving abuses to Gurjant Singh. They snatched double barrel gun from Gurjant Singh, in as much as Satwinder Singh @ Gola who had snatched the double barrel gun from Gurjant Singh, fired two shots from the said double barrel gun towards Gurjant Singh, one of which hit Gurjant Singh in the stomach. Resultantly, he fell down. Kirpal Singh father of the complainant Amandeep Singh had arrived at the spot.

CRM-M No. 49101 of 2017 -3Singh Hospital, Ludhiana, where doctors declared Gurjant Singh brought dead.

Accused Parminder Kaur was arrested in this case. After completion of investigation and other formalities, accused were challaned. She had filed an application for regular bail which was assigned to Additional Sessions Judge, Ludhiana, who vide order dated 1.12.2017 dismissed the application for regular bail. Therefore, she has approached this Court asking for similar relief, which is being resisted by the State counsel.

I have heard learned counsel for the petitioner, learned State counsel, besides going through the record. No case for grant of regular bail is made out. The allegations against the petitioner are very grave and serious and there are reasonable chances of her absconding and trying to tamper with the prosecution evidence, if granted bail. Therefore, I do not find any merit in the present petition and the same stands dismissed. However, while parting with the discussion, the trial Court is directed to conclude the trial expeditiously by giving short adjournments, preferably within a period of six months from the date of receipt of a certified copy of this order in the said Court. ( H.S. Madaan ) 4.4.2018 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No

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