Kuldeep Kaur vs State of Punjab

Mehinder Singh Sullar, J.—Having exercised and lost her right of bail in the Court of Session, the petitioner Kuldeep Kaur wife of Iqbal Singh has directed the present petition for regular bail in a case registered against her alongwith other co-accused, namely, Iqbal Singh (husband), Harvinder Singh and Gurjot Singh (sons), Harjit Singh alias Mehta, Malkit Singh, Daljit Singh and Jaskar Singh alias Kala, vide FIR No. 45 dated 5.4.2010, on accusation of having committed the offence punishable under Sections 148, 302, 307 and 323 read with Section 149 IPC and Sections 25 and 27 of the Arms Act by the police of Police Station Dakha, District Ludhiana, invoking the provisions of Section 439 Cr.P.C.

Notice of the petition was issued to the State.

Having heard the learned Counsel for the parties, having gone through the record with their valuable help and after bestowal of thoughts over the entire matter, to my mind, the petitioner is entitled to regular bail.

Concisely, the prosecution story is that the complainant party opposed the petitioner in the election for the post of Sarpanch, but still she was declared elected Sarpanch. The complainant party and the accused party are inimical to each other. On 5.4.2010, Harvinder Singh, son of complainant and Amardeep Singh alias Kuku Mann informed the complainant that Harjit Singh alias Mehta, Iqbal Singh alias Tasa sons of Mohinder Singh had brought their motorcycle in front of their car. After receiving this information, the complainant, his son Harvinder Singh, Amardeep Singh alias Kuku Mann and Jaswinder Singh Panch went to the spot. At about 9 P.M. as soon as they reached near the house of master Balwinder Singh, in the meantime, accused Iqbal Singh alias Tasa armed with stick, Harjit Singh alias Mehta son of Mohinder Singh, Malkit Singh son of Nachhatar Singh, armed with Dang, Daljit Singh alias Lucky son of Karnail Singh armed with kirpan, Iqbal Singh''s son Gurjot Singh alias Gora empty handed, another son Hunny armed with gandasi and Jaskar Singh alias Kala son of Harjit Singh alias Mehta, came there. They started abusing them and scuffle with them. Harjit Singh alias Mehta raised a lalkara whereupon Gurjot Singh alias Gora brought 32 bore pistol from his house. Jaskar Singh alias Kala brought a 12 bore gun while Kuldip Kaur petitioner raised a lalkara, brought a 315 bore rifle and handed over the same to Harjit Singh alias Mehta, who fired three shots in the air.

Levelling a variety of allegations, in all, according to the prosecution that the accused caused injuries to complainant party with their respective weapons. In the meantime, main accused Iqbal Singh alias Mehta fired shots from 32 bore pistol, which hit Harvinder Singh, culminating into his death. Meaning thereby, the crux of the prosecution story against the petitioner is that on the fateful day, she raised a lalkara, brought 315 bore rifle and handed over to accused Harjit Singh alias Mehta. The prosecution claimed that accused Harjit Singh, to whom the petitioner was stated to have been handed over the rifle, fired in the air and did not hit any body. No other role is attributed to the petitioner. She, being lady, is otherwise entitled to bail as contemplated u/s 439(2) Cr.P.C. She was arrested in this case on 8.4.2010. Since then, she is in judicial custody. She is no longer required for further interrogation at this stage. The entire family including the minor children of the petitioner are stated to be in judicial custody. In view of previous enmity between the parties, the possibility of addition of the name of the petitioner as an accused, who contested the election of Sarpanch against the complainant party, cannot be ruled out at this stage.

Therefore, taking into consideration the role attributed to the petitioner and totality of the facts and circumstances, emanating from the record, as discussed here-in-above, to me, the present petition for regular bail deserves to be accepted.

In the light of the aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the petitioner is directed to be released on bail on her furnishing bail/surety bonds to the satisfaction of Chief Judicial Magistrate/or in his absence, Duty Magistrate, Ludhiana.

The present petition is disposed of accordingly.

However, it is made clear that nothing recorded herein above would reflect on the merits of the case, in any manner, as the same has been so observed for a limited purpose of deciding the instant petition.