Karandeep Singh Bal v. State Of Punjab

-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.29246 of 2020 (O&M) Date of Decision: 28.09.2020 Karandeep Singh Bal

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. P.S. Ahluwalia, Advocate for the petitioner.

Ms. Rashmi Attri, DAG, Punjab.

**** JAISHREE THAKUR, J.

(ORAL) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.168 dated 08.08.2018 under Section 302 of Indian Penal Code registered at Police Station Division No.7, Jalandhar, District Police Commissionerate, Jalandhar.

Learned counsel for the petitioner herein would contend that he has been falsely implicated in the said FIR at the behest of brother of his wife, who died on 08.08.2018. It is argued that the material witness in the said FIR would have been his mother-in-law, who used to stay with them on account of the fact that the petitioner did not have parents. Counsel for the petitioner would rely upon the statement given by Smt. Jatinder Kaur wherein she has categorically stated that she used to

-2reside in the house of petitioner-Karandeep Singh to look after the minor children as her daughter was working. It is also stated that she had never seen the petitioner consuming alcohol or giving any beating to her daughter, thus, she did not support the case of prosecution. Counsel for the petitioner would also rely upon the statement given by the doctor, who conducted the postmortem and had given a definite opinion that this was a case of suicidal hanging. It is also contended that apart from the complainant, no other witness supported the case of prosecution, apart from arguing that he is in custody since August, 2018. The trial is likely to take some time to conclude due to outbreak of novel corona virus and therefore, the petitioner is entitled to be enlarged on bail.

Per contra, learned counsel appearing on behalf of respondentState opposes the grant of regular bail to the petitioner, while submitting that this is an FIR registered under Section 302 IPC and the petitioner herein is the husband of the deceased.

I have heard learned counsel for the parties. Since no other material witness except the complainant has supported the case of prosecution and the petitioner is in custody since August, 2018 coupled with the fact that the trial is likely to take some time to conclude as due to outbreak of novel corona virus, Courts are not working at their full strength and the ordinary hearing matters are not being taken up, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to

-3the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) September 28, 2020 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No