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2004 DIGILAW 177 (PNJ)

Daljit Singh v. State of Punjab

2004-02-16

VIRENDER SINGH

body2004
JUDGMENT Virender Singh, J. - Daljit Singh is praying for regular bail in case FIR No. 139 dated 10.8.2003, registered under Sections 306/304-B Indian Penal Code at Police Station, City Tarn Taran. 2. Baljeet Kaur is the deceased who got married about six years prior to her unnatural death. The present case is registered on the statement of her brother Didar Singh against the present petitioner and his two co-accused, namely, Baljit Singh and Kashmir Kaur. Baljit Singh and Kashmir Kaur have been granted bail by the learned Additional Sessions Judge, Amritsar on January 8, 2003, whereas the relief of regular bail was declined to the present petitioner vide the same order. Hence, this petition. 3. I have heard Mr. Baljinder Singh, learned counsel for the petitioner and Ms. R.K. Nihalsinghwala, learned Deputy Advocate General, Punjab. With their assistance, I have also gone through the entire record. The impugned order declining the bail to the present petitioner has also been perused by me. 4. Learned counsel for the petitioner contends that in fact Baljeet Kaur had consumed some poisonous substance on 30.7.2003 and she was ultimately removed to a private hospital known as Pt. Nathu Ram Memorial Hospital, Jandiala Road, Tarn Taran. She was got admitted by the mother of the present petitioner and one Gursewak Singh, the brother-in-law of the petitioner. Learned counsel for the petitioner relies upon Annexure P-1 in this regard. It is then contended that she was thereafter shifted to Mahajan Hospital, Khazana Gate, Amritsar for further treatment on 5.8.2003. The intimation was also sent to the concerned police quarters and the concerned police official reached the hospital and recorded the statement of Balwinder Singh, the father of the deceased in which he has categorically stated that his daughter consumed something by mistake taking it as medicine and was got admitted in the hospital on 30.7.2003, thereafter she was shifted to Mahajan Hospital, Khazana Gate, Amritsar. According to the learned counsel at that stage Balwinder Singh had not shown any grouse against any-one but after the death of Baljeet Kaur on 10.8.2003, the present case was registered against the present petitioner and his two co-accused. Learned counsel further contends that initially the case was registered under Section 306 Indian Penal Code but subsequently it was converted into Section 304-B Indian Penal Code. Relying heavily on the aforesaid submissions, the learned counsel prays for bail. 5. Learned counsel further contends that initially the case was registered under Section 306 Indian Penal Code but subsequently it was converted into Section 304-B Indian Penal Code. Relying heavily on the aforesaid submissions, the learned counsel prays for bail. 5. Learned State counsel has vehemently opposed the bail on the ground that the allegations against the present petitioner are serious in nature. 6. The I.O. has also come present along with the complete police file. He has read over the statement of Balwinder Singh, father of the deceased recorded under Section 161 Criminal Procedure Code Balwinder Singh does not state a word in his statement about the earlier statement given by him before the concerned police official on 6.8.2003 in the Mahajan Hospital, Amritsar which was duly entered in DDR No. 32 dated 6.8.2003 at 9.10 P.M. The said statement for reference is reproduced as under :- "I am residing at village Balpurian and I am engaged in the cultivation of land, my daughter Baljit Kaur wife of Daljit Singh, resident of village Tharu, Police Station, City, Tarn Taran was married to Daljit Singh. She had a son aged about 5 years. My daughter had consumed something by mistake taking it as a medicine who was got admitted on 30.7.2003 at Pt. Nathu Ram Hospital at Tarn Taran. Later, we shifted her and got her admitted to Mahajan Hospital, Khazana Gate, Amritsar. Nobody is at fault nor we want that action should be taken against anyone, because my daughter had inadvertently consumed some poisonous substance taking it as a medicine. The entire episode is sudden and untended one. No body is at fault." 7. With regard to the facts of the present case and without commenting on the merits lest it may prejudice the case of either side, I am of the view that the present petitioner deserves the concession of regular bail. Consequently, the present petition is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Amritsar. Petition allowed.