Hardev Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-47691-2019 Date of decision:13.12.2019 HARDEV SINGH .....Petitioner

Versus

STATE OF PUNJAB .....Respondent CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL

Present:

Mr. Rishu Mahajan, Advocate for the petitioner.

Ms. Ruchika Sabherwal, AAG, Punjab.

GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks grant of regular bail in case registered vide FIR No.119 dated 17.8.2019 under Sections 307, 511, 406, 498-A IPC, Police Station Kot Ise Khan, District Moga.

2.

The FIR was lodged at the instance of Ramandip Kaur wherein it has been alleged that her marriage was solemnized with the petitioner on 15.10.2017 and although her parents had spent an amount of `22 lakhs on the marriage and several articles had been given to the complainant's husband and other members of his family in dowry but they were not satisfied with the same and used to harass her in order to press upon their demands of more dowry. It is further alleged that on 5.6.2018, the accused even made an attempt to strangulate her with a 'Dupatta' and forced her to sign a suicide note.

3.

Learned counsel for the petitioner has submitted that it is a case arising out of matrimonial discord wherein entire family of the petitioner has GAURAV SOROT 2019.12.16 11:14 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-47691-2019 been roped in. Learned counsel for the petitioner further submitted that the allegations in respect of an attempt to murder cannot be accepted to be correct inasmuch the same pertain to an incident stated to have taken place 1 year & 2 months prior to lodging of the FIR. 4.

Opposing the petition, learned State counsel has submitted that since serious allegations have been levelled against the petitioner who happens to be husband of the deceased, no case for grant of bail is made out. It has further been submitted that report of FSL as regards the suicide note is awaited. It has however been informed that although 'challan' has been presented but charges are yet to be framed. 5.

Having considered rival submissions addressed before this Court and bearing in mind that the petitioner has been behind bars since last about 4 months and investigation stands completed and 'challan' has also been presented, further detention of the petitioner will not serve any useful purpose as conclusion of trial, in conclusion of trial, in its normal course, is likely to take some its normal course, is likely to take some time time. The petition, as such, is accepted and it is ordered that petitioner be . The petition, as such, is accepted and it is ordered that petitioner be released on bail on his furnishing bail bonds/surety bonds to the released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned.

Magistrate, concerned.

( GURVINDER SINGH GILL) 13.12.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.12.16 11:14 I attest to the accuracy and integrity of this document