Balwinder Kaur v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:20.09.2021 Balwinder Kaur ...... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE AMOL RATTAN SINGH

Present:

Mr. Mohd. Salim, Advocate, for the petitioner.




   
 

  

 ***** AMOL RATTAN SINGH, J. (ORAL) Vide this petition, the petitioner seeks the concession of 'regular bail' under the provisions of Section 439 of the Cr.P.C., upon FIR no.124, dated 10.06.2020, having been registered at Police Station Sadar Sangrur, alleging therein the commission of offences punishable under Sections 302, 34 of the IPC, (with Sections 201 and 460 of the IPC added later). Alongwith this petition, CRM-M-8350 of 2021 was also filed by one Amarjit Singh @ Amar, with that petition having been allowed on 19.04.2021 and with the contention of the present petitioner as regards the merits of the case, having been rejected by this court vide that very order, which is reproduced

-2hereinbelow:-

 

 



 !  "

 

  

 #$% 

& 

&  



  '  ()*+,# +--.,-,-    

  

   

 

   

 $-,/,-+/#.-/$#  )
 

       

  





 

0

  

 



1  

 1   

 

 ()*    

  

 

        "   2 1

   



1

1 

  3 

 4

5    6 "

  1

   "

1"   "





  

  1  

 
     

 







  

 

 

  ()*

  







"

  1

      "



 ""   1

7

    1

 



"

1  

     8     

  1

     



1 7  





"   

1   

"

      



 ,,1 1 



 1   

+-   "

"

  

  

   



 



 

 

1   1       

 

 8                     "   

-3-  

  



   





 

  

     

 

 



 

     



  

"

  

   " "  1     

  " 

  

  

    



"!

  

 

 



 2 

  

  1    

      

   /  3

 
  /9 1 
    ) 

   1  

 

 



 1       

       

   

 " "



     

 
    8     



  

  1    



  

 1   5    "    

 

   

2 1  

  1"

   



 

 1   

+-     



 8                      

"

  ()* 

" 





       

14  5

5 "

 6 " 1        

  

 !  

 

)

 



  



 "         

     

' 

'5,"

 

    "

1 

      



 

    

-4- "  

 : 





'

 "



   

 "

    

   ,#-;,-,+  1    

   

  < Thereafter the matter remained pending due to non-filing of an affidavit on behalf of the respondent State as regards the medical condition of the petitioner.

Today an affidavit dated 10.09.2021, executed by the officiating Deputy Superintendent, New District Jail, Nabha, has been filed, which is ordered to be taken on record.

Alongwith the said affidavit, a medical report issued by the medical officer of that jail has also been annexed, which reads as follows:- "This is to inform you that Balwinder Kaur w/o Gurmeet Singh is in New District Jail, Nabha. She is a known case of depression, Mild Hypertension. She is on medicine from DMC, Ludhiana. Currently, she is having mild symptoms of depression but due to medicine her symptoms are improving. Her condition is stable and satisfactory. She is under surveillance and her medicine is strictly given on time. She is on special diet and proper care is taken." That being so, with nothing seriously wrong with the petitioner, at least medically, I would see no ground to entertain this petition. However, it is to be noticed that learned counsel for the petitioner had sought to argue the matter on merits again, with him further submitting that in the

-5meanwhile two other co-accused have been admitted to bail. Obviously, this court already having already expressed its opinion as regards admitting the petitioner to bail on merits, the petition virtually stood dismissed on that date on that score; with it kept pending only to obtain the medical report, and with that having been received today, the petition is formally dismissed at this stage.

Learned counsel for the petitioner submits that the trial has not progressed at all.

If the petitioner files another petition on the ground of long custody, that would be considered on its own merits.

September 20, 2021 (AMOL RATTAN SINGH) dinesh JUDGE Whether speaking/reasoned Yes Whether Reportable No