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2010 DIGILAW 383 (HP)

BALJINDER KAUR v. STATE OF H. P.

2010-03-03

SURINDER SINGH

body2010
JUDGMENT Surinder Singh, J.(Oral)-Petitioner is an accused of offence under Sections 307, 364 and 120-B Indian Penal Code, registered in Police Station, Una, H.P. along with her husband Kapoor Singh and two other Manjit Singh and Rouki, who are stated to be friends of Kapoor Singh. 2. Precisely, it is alleged in the prosecution case that injured Paramjit Kaur was traveling along with her child in the Honda City Car with the accused persons to pay obeisance at Peer Nigah Temple, Una. Petitioners and the injured are the residents of Ropar (Pb.). On their return from the temple near the place known ‘Ghati’, petitioner is alleged to have alighted from the vehicle to pass urine. Thereafter she told Paramjit Kaur to ease herself. She took her minor child into her lap. Kapoor Singh, Manjit Singh and Rouki co-accused caught-hold of Paramjit Kaur, put a string around her neck to strangulate her, thereafter pushed her from a cliff. Accused persons fled away in their vehicle and also threw the child of the complainant on the road near Ghanoli about 50 km. away from the place of alleged incident. He was picked-up by an employee of “Dashmesh Dhaba” and informed the police. Paramjit Kaur was found crying in the morning by one Gopi Chand. He reported the matter to Ranvir Singh Pradhan. She was taken to Hospital by Ranvir Singh complainant, where she was medically examined. He also informed police. Thus the FIR came into being. 3. Petitioner along with other coaccused were arrested and are lodged in Judicial Lock-up. The challan has been presented in the court for their trial and has been fixed for the evidence of the prosecution w.e.f. 22.3.2010 to 27.3.2010. 4. Without commenting upon the merits of the case and the role played by the petitioner, suffice it to say that she can be enlarged on bail on her furnishing bonds in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Una. However, this bail shall be subject to the condition that the petitioner:- (a) shall not terrorize the prosecution witnesses in any manner and shall be present in the court in the court on 22.3.2010 and thereafter regularly as per directions of the Court. 20,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Una. However, this bail shall be subject to the condition that the petitioner:- (a) shall not terrorize the prosecution witnesses in any manner and shall be present in the court in the court on 22.3.2010 and thereafter regularly as per directions of the Court. (b) shall not make any inducement or promise to any person acquainted with the facts and circumstances of this case so as to dissuade him from disclosing such facts to the court or the Police officer. (c) Shall not misuse her libertyof bail in any way. In case she does so, the liberty of bail shall be cancelled. 5. Any observation made hereinabove is strictly for the disposal of this bail petition and shall not affect the merits of the case in any way. 6. Let a copy of this order be sent to the learned Chief Judicial Magistrate, Una forthwith for his information and necessary action at his end. The copy be supplied to the counsel for the petitioner if applied urgently. The application stands disposed of.