Sukhveer Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : November 15, 2019 Sukhveer Singh ....Petitioner versus State of Punjab ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. KS Dadwal, Advocate, for the petitioner Ms. Sakshi Bakshi, AAG, Punjab for the State with ASI Sanjeevan Singh, PS Sahahkot, District Jalandhar Fateh Deep Singh, J. (Oral) Accused Sukhveer Singh who is in judicial custody and happens to be husband of deceased Manpreet Kaur has sought this regular bail application in case FIR No. 19 dated 14.2.2019 under Section 304-B IPC, Police Station Shahkot, District Jalandhar Rural. The case of the prosecution is that marriage between the two was solemnized in January, 2016 and while the couple had returned from Italy because of continuous harassment and torture of

-2the deceased at the hands of the accused on account of insufficiency of dowry the deceased committed suicide by hanging herself at her matrimonial home in India.

Learned counsel for the petitioner has contended that it is shrouded in mystery as to the cause of the death whether on account of cardiac failure or hanging for which the benefit is to be given to the accused-petitioner. It is submitted that the FIR has been got registered by one of the uncles of the deceased and is based on hearsay and there is nothing substantial to bring about the allegations against the petitioner.

Learned State counsel assisted by ASI Sanjeevan Singh, PS Sahahkot, District Jalandhar though does not displaces the factual aspect of marriage and death but has opposed grant of bail on the grounds that there is clear cut opinion of the doctors as to the cause of death being on account of strangulation by hanging and having died within three years of her marriage and there being allegations of harassment and cruelty on account of insufficiency of dowry disentitles to any relief.

The allegations that have come about and the fact that the deceased had died an un-natural death while at her matrimonial home within three years of the married life which are preceded by

-3allegations of harassment and cruelty on account of insufficiency of dowry, thus, necessitates that in view of heinousness of the offence, the petitioner-husband is certainly not entitled to any relief. The bail application as such is dismissed.

( Fateh Deep Singh ) November 15, 2019 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No