Karamjeet Kaur And ANR. v. State Of Punjab

CRM-M No. 53606 of 2022 -1- 2023:PHHC:043293

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No. 53606 of 2022 Date of Decision : 23.3.2023 Karamjeet Kaur @ Karamjit Kaur and another ..... Petitioners versus State of Punjab and another ..... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. K.S. Sidhu, Advocate, for the petitioners Mr. Jashandeep Singh, AAG, Punjab Mr. H.C. Arora, Advocate, for respondent no.2/complainant --- TRIBHUVAN DAHIYA J. (ORAL):

This is a petition under Section 439 Cr.P.C. seeking regular bail to the petitioner in case FIR No.153 dated 7.9.2022 under Sections 306 IPC registered at Police Station Makhu, District Ferozepur. 2.

The FIR was lodged on a complaint by deceased's father alleging that her daughter, who was married to the petitioners' son about nine years back, was being harassed by her in-laws as well as her husband. She sent a video to him on 7.9.2022 at 11:00 a.m. that she was going to commit suicide on account of harassment meted out by the aforesaid persons. She later jumped into a canal along with her two children. One of the children was saved by the divers who reached the canal, but the other one died.

3.

Learned counsel for the petitioner contends that there are no specific allegations of subjecting the deceased to cruelty and harassment against the petitioners. They are aged in-laws of the deceased, petitioner no.1 is sixty four years of age, and petitioner no.2 is seventy five years of age, having been implicated in the case only to settle personal scores. Even prior to ASHWANI KUMAR 2023.03.23 19:17 I attest to the accuracy and integrity of this document

CRM-M No. 53606 of 2022 -2- 2023:PHHC:043293 lodging of the FIR, there was no complaint of any harassment against the petitioners. No such act has been attributed to the petitioners which could force the deceased to take the extreme step of committing suicide. Investigation of the case is already over, and there is no other case against the petitioners. The co-accused, sister-in-law of the petitioner, has already been granted pre-arrest bail by this Court, vide order dated 30.9.2022. 4.

Learned State counsel, on instructions from ASI Sukhbir Singh, assisted by learned counsel for the complainant, opposes the grant of bail on the ground that charges are to be framed on 28.3.2023, and the trial of the case is yet to commence. Looking at the nature of offence alleged against the petitioners, they should not be released on bail at this stage. 5.

The submissions of learned counsel for the parties have been considered. The petitioners are aged parents-in-laws of the deceased, having no criminal antecedents. Investigation of the case is already over and trial is yet to commence, which will take some time to conclude. No useful purpose will be served by confining the petitioners to custody during trial, any further. 6.

Accordingly, the petition is allowed. The petitioners are ordered to be released on bail to the satisfaction of the trial Court/Duty Magistrate. (TRIBHUVAN DAHIYA) JUDGE 23.3.2023 Aw Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.03.23 19:17 I attest to the accuracy and integrity of this document