Harjinder Singh v. State Of Punjab

CRM No. M-24804 of 2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-24804 of 2020 Date of decision 01.09.2020 Harjinder Singh

...Petitioner

Vs.

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Maninder S. Saini, Advocate, for the petitioner.

Mr. Hittan Nehra, Addl.A.G. Haryana Mr. Saurabh Kapoor, Advocate for the complainant.

*** Ritu Bahri, J. (Oral) This petition under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No 103 Dated 09.09.2019 U/S 304-B IPC, registered at Police Station Daba, Distt Ludhiana. Learned counsel for the petitioner submits that the petitioner and the deceased-Amandeep Kaur had solemnized love marriage and the marriage was a simple ceremonial marriage, which was attended by the close relatives only. No demand of dowry or money was ever demanded before or after the marriage. The petitioner is self sufficient and operate a gym in the area of city Ludhiana. Further on the day of alleged occurrence, the deceased had arrived from her parental home. In para No. 5 of the petitioner, it has further been stated that the matter was enquired into by the police in two separate police enquiries held by DSP as well as GAURAV ARORA 2020.09.02 11:46 I attest to the accuracy and integrity of this document Chandigarh

CRM No. M-24804 of 2020 -2Commissioner of Police, Ludhiana. The parents of the petitioner were exonerated and the challan aaqinst the petitioner was wrongly presented. Learned State counsel on instructions has informed the Court that challan was presented on 03.12.2019 and the next date is 16.09.2020. Charges have not been framed yet. There are total 19 witnesses. The petitioner is in custody since 09.09.2019.

Heard.

The fact which is not in dispute that it was the love marriage and the petitioner has its own gym. Further the parents of the petitioner have been exonerated by the police. It seems that it is not a case where the petitioner sought dowry from the parents of the deceased. Keeping in view the COVID 19 situation and the fact that trial will take some time for its conclusion, this court feels that there is no need to detain the petitioner any longer. Accordingly, this petition is allowed and petitioner is ordered to be enlarged on bail, subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate, Ludhiana.

(RITU BAHRI) 01.09.2020 JUDGE G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No GAURAV ARORA 2020.09.02 11:46 I attest to the accuracy and integrity of this document Chandigarh