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Maan Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 25 November 2010 · Citation: (2010) 11 P&H CK 0297

HON’BLE JUDGES
Jaswant Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 148, 149, 302
RESULT
Allowed
CASE NUMBER
Criminal M. No. 31499-M of 2010
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Judgment

6 paragraphs · 358 words

Jaswant Singh, J.—Prayer u/s 439 Cr.P.C is for grant of regular bail in case FIR No. 36 dated 18.03.2010 under Sections 302/148/149 IPC, P.S Bholath.

2.

Petitioner is Jeth of the deceased-Kamaljit Kaur (sister of the complainant). As per allegations in the FIR, Petitioner along with other co- accused (father, two daughters and a son) is alleged to have given beatings to Kamaljit Kaur on her claiming share from the ancestral land belonging to her deceased husband. It is also alleged that the father-in-law Jagar Singh was also forcing deceased Kamaljit Kaur to get married to Petitioner-Maan Singh. It is further alleged that the beatings resulted in her death and thus, the lodging of the FIR.

3.

Learned Counsel submits that after the occurrence on 14.03.2010 at 6 p.m, Kamaljit Kaur (since deceased) was removed to Civil Hospital, Bholath by her brother-complainant. She, thereafter died on 17.03.2010 in the Civil Hospital, Bholath while being in the company of her relatives. By referring to Chemical Examiner''s report dated 22.04.2010 (P.4), it is contended that the cause of her death is due to poison i.e Organophosphorus compound pesticide was detected in her viscera. Further submits that as per FIR, Petitioner is ascribed injury on the shoulder of the deceased with a baseball bat. It is further stated that the Petitioner is in custody since 18.03.2010 and that challan has already been presented.

4.

Learned state counsel, on instructions from ASI Ashok Kumar, does not dispute that the cause of death is stated to be poisoning by Organophosphorus compound after she had remained in custody of her brothers. Further concedes that the challan in the present case has been presented and charges have been framed.

5.

Without commenting upon merit of the case and keeping in view the fact that prima facie no offence u/s 302 IPC is made out and that the trial is not likely to be concluded in near future, I deem it appropriate to grant concession of bail to the Petitioner.

6.

Accordingly, petition is allowed and the Petitioner is ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Kapurthala.