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High Court of Punjab and HaryanaCRM-M/53201/2022allowed

Jagmit Singh v. State Of Punjab

2023-04-13Mrs. Justice Amarjot Bhatti4 pages

CRM-M-53201-2022 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-11518-2023 in/and CRM-M-53201-2022 (O&M) Date of Decision:- 13.04.2023 JAGMIT SINGH ....Petitioner Vs.

STATE OF PUNJAB

...Respondent

CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. S.S. Rangi, Advocate for the petitioner. Mr. M.S.Joshi, Addl. A.G. Punjab.

Mr. Jasinder S. Sekhon, Advocate for husband of the complainant.

***** AMARJOT BHATTI, J. (Oral) 1.

The petitioner - Jagmit Singh has filed the instant petition under Section 439 Cr.P.C. for grant of regular bail in FIR No.261, dated 14.10.2021 under Section 306 of IPC registered at Police Station Sadar Nabha, District Patiala.

2.

The facts of the case are that Paramjit Kaur complainant gave her statement to the police that she is married with Rupinderjit Singh and having a daughter aged about 18 years and a son aged about 17 years. On 10.10.2021 Trilochan Singh, Jagmeet Singh and Charanjit Kaur came to their house and started beating them. The daughter of complainant lodged a complaint on 112 number and thereafter the police came and recorded

CRM-M-53201-2022 (O&M) -2the statement of complainant and others. However, the police did not take any action. Thereafter Trilochan Singh, Jagmeet Singh and Charanjit Kaur started commenting on the character of her daughter i.e. victim that she was in live-in relationship. Her daughter was humiliated and embarrassed. On 13.10.2021 at about 8 am she was working in the house and her husband had gone to a flour mill. She noticed some movement in the house and saw that her daughter had hanged herself from the ceiling fan. She immediately informed to her husband and raised alarm for help. People started gathering there and police reached at the spot. The dead body of her daughter was brought down and she was found dead. Karamjeet Singh brother of the complainant found one register in which there was a suicide note in the handwriting of the victim. With these allegations the present FIR has been registered.

3.

Learned counsel for the petitioner argued that he is falsely implicated in this case. No offence under Section 306 IPC is made out. There is no abatement on his part in the commission of suicide by the victim. He was arrested in this case on 23.06.2022 and since then he is behind the bars. The petitioner is not having good health. He had filed application seeking interim bail on health ground in which the report of the Deputy Superintendent, New District Jail, Nabha has been received confirming his poor health condition. It is prayed that the trial of this case may take some time. He will abide by the terms of the bail order. He prayed that his regular bail application may be allowed. 4.

The bail application is opposed by learned counsel representing the State. Detailed status report has been filed to the bail application as well as to the interim bail application filed on health grounds. It is argued

CRM-M-53201-2022 (O&M) -3that there are specific serious allegations against the present petitioner. A young girl lost her life. The trial in this case is under progress. The statement of Paramjit Kaur PW2 the complainant has been recorded where she has supported the prosecution version. However, it is conceded that Trilochan Singh co-accused has been granted regular bail by this Hon'ble High Court vide order dated 09.11.2022. Charanjit Kaur has been granted interim anticipatory bail by this Hon'ble High Court vide order dated 05.11.2022. Considering the gravity of offence, the regular bail application filed by the petitioner may kindly be dismissed. 5.

I have considered the arguments and have gone through the record. It is matter of record that in the aforesaid FIR the challan has been presented and after framing of chargesheet the prosecution evidence is being recorded. The present petitioner is behind the bars since 23.06.2022. The statement of complainant Paramjit Kaur has been recorded where she has supported the prosecution version. The present petitioner had already filed application for interim bail on account of his poor health condition. I have received the medical report sent by New District Jail, Nabha attested by the Deputy Superintendent according to which he is on medication for Haemorrhoids and decreased sleep. He is also hard of hearing but no active ear disease at present. Now the petitioner is calm, conscious and well oriented to time, place and person. Vitals are within normal limits. 6.

Considering the aforesaid facts the material witnesses have been recorded. Therefore, there is no question of influencing the witness. The trial of this case may take some time. The present petitioner is behind the bars since 23.06.2022. Considering his health condition, the regular bail application filed by the petitioner Jagmit Singh is allowed. He is ordered to

CRM-M-53201-2022 (O&M) -4be released on bail on furnishing bail bonds and surety bonds to the satisfaction of trial Court.

The petition, is accordingly, accepted.

13.04.2023 (AMARJOT BHATTI) snd JUDGE Whether speaking/reasoned: Yes/No.

Whether reportable:

Yes/No