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High Court of Punjab and HaryanaCRM-M/31788/2019allowed

Komal Rani v. State Of Punjab And Another

2019-09-17Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-31788-2019 (O&M) Date of Decision:-17.9.2019 Komal Rani ... Petitioner

Versus

State of Punjab and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. M.L. Saggar, Senior Advocate with Ms. Armaan Saggar, Advocate for the petitioner. Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by SI Karaj Singh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.40 dated 7.5.2019 at Police Station Sadar Zira, District Ferozepur under Sections 306 and 34 of Indian Penal Code.

2.

The FIR was registered at the instance of Chamkaur Singh, wherein it has been alleged that his daughter Manpreet Kaur was married about two years back to Jobandeep Singh. It is alleged that complainant's son-in-law Jobandeep Singh was, however, having an extra-marital affair with one Komal due to which his daughter came back to her paternal home about 15 days back. Later she was taken back to her matrimonial home by Jobandeep Singh. It is further alleged that Jobandeep Singh, however, continued with Pankaj Kakkar 2019.09.18 11:41 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-31788-2019 (O&M) his extra-marital relations with Komal and when the complainant's daughter objected to the same, he used to give beatings to her. Ultimately being fed up, she committed suicide.

3.

The learned counsel for the petitioner has submitted that, even if, the allegations as per FIR are taken to be correct, still it cannot be said that the petitioner had abetted commission of suicide by deceased. 4.

Opposing the petition, the learned State counsel has submitted that since the petitioner is specifically named in the FIR, no case for grant of bail is made out. It has, however, been informed that the investigation is complete and challan has already been presented. It has further been informed that the petitioner has been behind bars since the last about 4 months. 5.

Having regard to the aforesaid facts and circumstances and also that the challan has already been presented and while also keeping in mind that the petitioner is a lady, which would justify taking a lenient view in the matter, the present petition is accepted and the petitioner is ordered to be released on bail subject to her furnishing bail bonds/surety bonds to the satisfaction of trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 17.9.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2019.09.18 11:41 I attest to the accuracy and integrity of this document