High Court of Punjab and HaryanaCRM-M/51506/2019allowed

Harman Kaur v. State Of Punjab

2020-05-20Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-51506-2019 Decided on : 20.05.2020 Harman Kaur . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. A.S. Bhatti, Advocate for the petitioner(s).

Ms. Monika Jalota, DAG, Punjab assisted by SI Omkar Singh.

**** MANJARI NEHRU KAUL , J.

Due to the outbreak of pandemic COVID-19, the instant case is being taken up for hearing through vide conferencing. The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 223, dated 04.08.2019, under Sections 306, 34 of IPC, registered at Police Station Model Town, Hoshiarpur, District Hoshiarpur.

Learned counsel for the petitioner inter alia contends that the petitioner, who has been behind bars since 18th August, 2019, is the wife of the deceased Gurnam Singh. On account of a quarrel, the husband of the petitioner committed suicide by consuming some poisonous substance. He has further argued that not only there was no suicide note left behind by the deceased but the essential ingredients to attract Section 107 IPC, were clearly amiss in the case in hand. Learned counsel for the petitioner has further submitted that similarly situated co-accused namely Jagandeep @ Jatin, who is the son of the deceased has already been granted regular bail JAWALA RAM 2020.05.20 16:32 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-51506-2019 - 2 - on 04th March 2020 in CRM-M-3156-2020 (O&M) by this Court. Learned State counsel on the other hand while vehemently opposing the prayer for grant of regular bail to the petitioner, has submitted that there are serious allegations levelled against the petitioner for abetting the suicide of her husband. She has, however, admitted that the deceased did not leave behind any suicide note.

Heard.

Having considered the submissions made by either side, the petitioner has been behind bars admittedly since 18th August, 2019 and similarly situated co-accused has also been granted the concession of regular bail by this Court, no useful purpose would be served in keeping the petitioner behind bars, as the trial would take a considerable time to conclude. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed herein shall not be construed as an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE May 20, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.05.20 16:32 I attest to the accuracy and authenticity of this document Chandigarh