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2012 DIGILAW 1527 (PNJ)

Maan Singh v. State of Punjab

2012-10-18

VIJENDER SINGH MALIK

body2012
JUDGMENT Mr. Vijender Singh Malik, J.: (Oral) - Maan Singh and Kuldeep Kaur, the petitioners seek pre-arrest bail in a case registered by way of FIR No. 38 dated 29.5.2011 at Police Station Mullanpur Garibdass, District SAS Nagar, for an offence punishable under sections 307 and 323 read with section 34 IPC, which was lateron converted to one under section 302 read with section 34 IPC. 2. Learned counsel for the petitioners submits that the petitioners are the parents-in-law of deceased Sukhwinder Kaur. According to him, Sukhwinder Kaur suffered burn injuries on 22.5.2011. He further submits that in her first statement made to the Magistrate on 24.5.2011, she had stated that she had set herself on fire by pouring kerosene oil on her and her in-laws had doused the fire and that nobody was responsible for the same. He further submits that on 29.5.2011 the deceased made a different statement where she said that her mother-in-law brought kerosene in a cup and threw the same on her and then she went to bring the match box from the place of worship where incense sticks were kept. She has further stated that her father-in-law put a cloth in her mouth and then her mother-in-law lighted her by a match stick and that her husband caught her by arms and intentionally hugged her. Her husband is further said to have informed the brother of Sukhwinder Kaur about her setting herself on fire and he was asked to bring a car. 3. Learned counsel for the petitioner submits that during enquiry, the DSP found the petitioners to be innocent and had placed their names in column no.2 of the challan. According to him, the petitioners have now been summoned under the provisions of section 319 Cr.P.C. and that in pursuance of the orders of this court, they have appeared before the court below and have been admitted to interim bail. 4. Learned State counsel, on the other hand, admits that in the first statement made by the deceased to the Magistrate on 24.5.2011 she had exonerated everyone and she claimed herself to be responsible for setting herself on fire. According to him, five days thereafter, she changed her statement and implicated the petitioners and others. He also admits that the husband of the deceased is in custody. He further admits that during investigation the petitioners were found innocent. 5. According to him, five days thereafter, she changed her statement and implicated the petitioners and others. He also admits that the husband of the deceased is in custody. He further admits that during investigation the petitioners were found innocent. 5. Keeping in view the circumstance of first statement made by the deceased exonerating everyone for her catching fire and the findings of the enquiry officer that the petitioners were innocent, I find the petitioners to be entitled to pre-arrest bail. The petition is consequently, allowed and order dated 1.8.2012 granting interim anticipatory bail to the petitioners is made absolute.