Jasvir Kaur alias Sheero vs State of Punjab

Ajay Tewari, J.—These are two petitions for regular bail filed in case bearing FIR No. 37 dated 01.05.2010, u/s 302 IPC, registered at Police Station Balachaur, District Shaheed Bhagat Singh Nagar in which challan has been presented u/s 306 IPC.

The FIR was originally lodged alleging that Manisha had been killed by her in-laws. Later on a suicide note was discovered after which the offence was changed to that u/s 306 IPC. As per the suicide note the husband of Petitioner Jasvir Kaur alias Sheero had originally cheated the deceased by taking money from her for sending her brother(the original complainant) abroad. Later on he started raping her. On the last said occasion while he was raping her, her father-in-law, Petitioner Mohinder Singh, chanced upon them and that is why she committed suicide.

Learned Counsel for the Petitioners have argued that in this case whatever there is may be against the husband of Petitioner Jasvir Kaur alias Sheero but the offence u/s 306 IPC could not be held to have been made out against these two Petitioners.

Learned Addl. AG has, however, countered that after evidence their contribution in driving the deceased to commit suicide may be established.

In my opinion without going into the merits of the case and in view of the fact that trial is not likely to conclude in near future, no useful purpose would be served by keeping the Petitioners in custody any longer.

In the circumstances both the aforesaid petitions are allowed.

Petitioners are directed to be released on bail to the satisfaction of the trial Court.

A photocopy of this order be placed on the connected file bearing CRM-M No. 36541 of 2010.