Paramjit Kaur vs State of Punjab

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the petitioner in FIR No.96 dated 03.08.2024, registered under Section 108 of the Bharatiya Nyaya Sanhita, 2023 at Police Station Dugri, District Ludhiana.

The case of the prosecution is that Daljit Singh (deceased), after the death of his wife in the year 2018, came into contact with the present petitioner in the year 2021 and both started residing together as husband and wife. It is alleged that the petitioner, along with the co-accused, namely, Jagsir Singh, Jyoti Kaur and Navjot Kaur, used to harass the deceased by demanding his property and money. Owing to the alleged harassment, the deceased started residing separately in a PG accommodation. On 02.08.2024, he was found lying in his room with a gunshot injury caused through his licensed revolver and was declared brought dead at the hospital. It is the allegation of the prosecution that the deceased committed suicide on account of the harassment meted out to him by the petitioner and the co-accused.

Learned counsel for the petitioner submits that the allegations against the petitioner are general in nature and, except for the allegation of harassment, there is no material on record to show any specific act of instigation or intentional aid attributable to the petitioner so as to constitute the offence of abetment of suicide. It is further submitted that the petitioner has been in custody since 05.08.2024, i.e. for about two years, the investigation stands concluded, the challan has already been presented and the trial is progressing at a slow pace, as only one prosecution witness has been examined so far. It is also submitted that the petitioner is a 62-year-old lady and the co-accused have already been granted the concession of regular bail.

Notice of motion.

On the asking of the Court, Mr. Mavpreet Singh, DAG, Punjab, accepts notice on behalf of the respondent and vehemently opposes the prayer for grant of regular bail to the petitioner. As per the custody certificate dated 08.04.2026, the petitioner is in custody since 05.08.2024 i.e. for the last 02 years. He, upon instructions, submits that only one prosecution witness has been examined so far.

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

In view of the above submissions of learned counsel for the parties and keeping in view the facts that the petitioner is in custody for the last more than 02 years and that the trial is likely to take a long time to conclude as only one prosecution witnesses has been examined so far, therefore, this Court deems it appropriate to grant the concession of regular bail to the petitioner during the pendency of the trial as the continuous detention of the petitioner would not serve the ends of justice.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on her furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

However, it is made clear that in case the petitioner misuses the concession of bail, the State/complainant would be at liberty to seek cancellation of her bail.