Harwinder Singh vs State of Punjab

Rajive Bhalla, J.—The petitioner seeks grant of regular bail in case FIR No. 121, dated 18.10.2003, registered under Sections 304B/498A/406/34 of the IPC, at Police Station Sri Hargobindpur, Police District Batala.

As per the allegations in the FIR, the petitioner and his co-accused are alleged to have raised demands of dowry and harassed the deceased, who died in unnatural circumstances in the petitioner''s house.

Counsel for the petitioner contends that the petitioner has been behind bars for the last two years and eleven months. All co-accused have already been released on regular bail. It is further argued that the case, as set out by the prosecution, is that the deceased was poisoned by the petitioner and his co-accused. However, a perusal of the Chemical Examiner''s report reveals that no poison was detected in the stomach and its contents, the large and small intestines, the liver, the kidney and the spleen. It is further argued that the histopathology report of the heart also did not reveal any poison. It is, thus, contended that as an unnatural death has, prima facie, not been established, the petitioner be released on bail.

Counsel for the respondent on the other hand, contends that as one prosecution witness remains to be examined, and as the question of Kuldip Kaur''s unnatural death, is a moot point to be adjudicated by the trial Court, the petitioner should not be released on bail.

I have heard learned counsel for the parties and perused the record.

The petitioner has been behind bars for the last two years and eleven months. All co-accused have already been released on bail. The prosecution has failed to conclude its evidence for almost three years. As urged by counsel for the petitioner, the chemical analysis, and the histopathology report have not revealed any poison. Counsel for the respondent has not expressed any apprehension that if released on bail the petitioner would tamper with the prosecution evidence or in any manner subvert the process of trial.

Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Gurdaspur.

Nothing, stated herein, shall be construed to be an expression of opinion, on the merits of the controversy.