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2006 DIGILAW 2419 (PNJ)

Swapna Singh v. U. T. Chandigarh

2006-07-03

RAJIVE BHALLA

body2006
Judgment , J. 1. Payer in this petition is for grant of regular bail in case FIR no.116 dated 11.7.2003 registered under Sections 302/201 of the Indian penal Code, at Police Station Sector 3, Chandigarh. 2. The petitioner,a Doctor, as per allegations in the FIR, is accused of the murder of her husband. As per allegations levelled by the prosecution, she murdered her husband by administering/injecting poison, while they were in Hotel Mountview, Chandigarh. 3. Counsel for the petitioner contends that the petitioner has been behind bars since 11.7.2003. The prosecution, however, has not concluded its evidence and is still to examine 15 witnesses, one of the witnesses being a relative of the petitioner. It is contended that as the trial is likely to take still more time, the petitioner be released on bail. 4. Counsel for the Union Territory, Chandigarh, vehemently opposes the grant of bail and states that as the petitioner is accused of the murder of her husband, she should be denied the benefit of bail. 5. I have heard learned counsel for the petitioner and perused the paper book. It is true that the petitioner is accused of a heinous crime, namely; murder of her husband. While considering a plea for bail, the gravity of an offence is a significant factor that shapes the opinion of a court. However, another significant factor, namely the extent of the incarceration cannot be discarded, especially where the long detention is likely to continue, the conclusion of the trial being somewhere in the distant future. In the present case the petitioner, a lady doctor is accused of the murder of her husband, a grave offence. However, she has remained confined to jail since 11.7.2003, eight days short of a period of three years. The prosecution, as admitted by counsel for Union Territory, is to still examine 15 more witnesses, out of the 39 cited. The trial would obviously take time to conclude and, therefore, further incarceration of the petitioner is unwarranted. Bail to the satisfaction of Chief Judicial Magistrate, chandigarh. 6. However, one of the prime witnesses is to be examined on 4.8.2006. The petitioner shall surrender before the trial Court on 3.8.2006 and upon conclusion of the cross-examination of this witness, she shall be released on bail on 6.8.2006, to the satisfaction of the Chief Judicial magistrate. .