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2010 DIGILAW 2916 (PNJ)

Joginder Singh v. State Of Punjab

2010-10-14

DAYA CHAUDHARY

body2010
Judgment Daya Chaudhary, J. 1. This is an application for placing on record statement of Om Parkash S/o Ganesha Ram as Annexure P-3. 2. Application is allowed and Annexure P-8 is taken on record. Crl. Misc. No. 23827 of 2010 3. The present petition under Section 439 Cr.P.C. for grant of regular baiL has been filed on behalf of Joginder Singh in case FIR No. 61 dated 21.4.2010 registered under Section 306 CPC at Police Station Lalru, District SAS Nagar (Mohali). In this case, notice of motion was issued on 18.8.2010. 4. Learned counsel for the petitioner contends that the marriage between the petitioner and deceased took place 15 years back and out of the said wedlock, three children were also born. Learned counsel further contends that the deceased was suffering from mental illness and was getting psychiatric treatment for the last five years, as is clear from the medical record annexed as Annexure P-4 and P-5 with the petition. Learned counsel also contends that the petitioner has falsely been implicated in this case and there is no allegation of harassment in the FIR and he is behind the bars since 27.4.2010. It is also the contention of learned counsel that Om Parkash, who is brother of deceased, has not supported the case of prosecution. He has clearly stated in his cross- examination that no complaint was ever made by his sister regarding harassment by the accused during her married life. He has also stated that deceased was suffering from mental disease for the last 3-4 years and was getting treatment from Patnaik Hospital, Ambala and it is only accused who was providing all facilities to the children. 5. Learned counsel for the respondent-State opposed the bail on the ground than there are serious allegations against the petitioner and he does not deserve the concession of bail. 6. I have heard the arguments advanced by counsel for the parties and have also gone through the contents of the FIR as well as other documents available on record. 7. In this case, admittedly, the marriage took place 15 years prior to the date of occurrence and the deceased was suffering from mental illness and was taking treatment. There are 20 prosecution witnesses in this case and only one has been examined. Om Parkash, brother of the deceased, has also not supported the case of the prosecution. 7. In this case, admittedly, the marriage took place 15 years prior to the date of occurrence and the deceased was suffering from mental illness and was taking treatment. There are 20 prosecution witnesses in this case and only one has been examined. Om Parkash, brother of the deceased, has also not supported the case of the prosecution. Moreover, the petitioner is in custody since 27.4.2010 and trial may take some time to conclude and no purpose would be served by keeping the petitioner behind the bars. Accordingly, the petition is allowed and petitioner-Joginder Singh is directed to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Mohali. 8. However, it is made clear that any expression made hereinabove shall not be construed as an expression of opinion on the merits of the case.