High CourtsSingle Bench

Neetu vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 5 January 2021 · Citation: (2021) 01 P&H CK 0023

HON’BLE JUDGES
Manjari Nehru Kaul, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 306
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 42924 Of 2020
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Judgment

17 paragraphs · 332 words

Manjari Nehru Kaul, J

Instant petition has been filed under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.199 dated 09.08.2020 registered under

Sections 306 and 34 IPC,1860 at Police Station Kathunangal District Amritsar.

Learned counsel for the petitioner inter alia contends that only allegation levelled against the petitioner is that she was the friend of Ramandeep Kaur

(wife of the deceased) and had been staying with her and alleged paramour Kamaljit Singh @ Kamal when the deceased ended his life. It has further

been contended that the petitioner, who is in custody since 01.09.2020, has been falsely implicated in the FIR in question. A perusal of the allegations

levelled in the FIR do not attract the mischief of Section 306 IPC as only vague allegations have been levelled against the petitioner of extending

threats to the deceased for getting a case registered against him for kidnapping his own daughter. It has also been contended that similarly situated co-

accused Prabhjot Kaur and Kamaljit Singh have since been granted the concession of anticipatory bail by this Court.

Per contra, learned State counsel while opposing the prayer of learned counsel for the petitioner has not been able to controvert the factual aspect of

the submissions made by learned counsel for the petitioner. He on instructions from SI Harparkash Singh has submitted that the challan stands

presented and charges are likely to be framed on the next date of hearing.

Heard.

In view of the submissions made by learned counsel and the fact that the petitioner has been in custody since 01.09.2020, the trial is unlikely to

conclude in the near future more so in the wake of outbreak of pandemic Covid-19. Hence, the present petition is allowed and the petitioner is

admitted to bail to the satisfaction of the trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be

construed to be an expression of opinion on the merits of the case.