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2012 DIGILAW 832 (PNJ)

Balvir Kaur alias Balbir Kaur v. State of Punjab

2012-07-03

MEHINDER SINGH SULLAR

body2012
JUDGMENT Mr. Mehinder Singh Sullar, J.: (Oral) - Petitioner Balvir Kaur alias Balbir Kaur, mother-in-law of Gagandeep Kaur (deceased) has directed the instant application for the grant of regular bail, in a case registered against her alongwith her son Jaswinder Singh (husband), Swaranjit Kaur alias Phano and Meeta (married sisters-in-law) of Gagandeep Kaur (deceased), invoking the provisions of Section 439 Cr.PC. 2. Concisely, the prosecution version is that the marriage of Gagandeep Kaur was solemnized with Jaswinder Singh son of Gurdev Singh according to Sikh rites and ceremonies in the month of November, 2007 at City Marriage Palace, Kothe Baghu, Jagraon. At the time of marriage, sufficient dowry articles, including gifts and jewellery were stated to have been given, but the husband and his other family members were not satisfied with the same. She was upset from the behaviour of her husband and his other relatives. She herself consumed & administered some poisonous substance to her son and committed suicide. 3. Levelling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that the death of Gagandeep Kaur occurred on 30.5.2011 otherwise than under normal circumstances within seven years of her marriage and soon before her death, she was subjected to cruelty and harassment by her husband and his other relatives for and in connection with the demand of dowry. Thus, the accused have committed the offence of dowry death punishable under Section 304-B IPC. In the background of these allegations and in the wake of statement of Bharpur Singh, father of the deceased, the present case was registered against the accused, by way of FIR No.76 dated 1.5.2011 on accusation of having committed the offence punishable under Section 304-B IPC by the police of Police Station Sadar Jagraon, District Ludhiana in the manner described here-in-above. 4. Notice of the application was issued to the State. 5. After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, the instant application deserves to be accepted in this regard. 6. As is evident from the record, that initially the present criminal case was registered against main accused Jaswinder Singh (husband), Swaranjit Kaur alias Phano & Meeta (married sisters-in-law) and petitioner Balvir Kaur (motherin- law) of the deceased. 6. As is evident from the record, that initially the present criminal case was registered against main accused Jaswinder Singh (husband), Swaranjit Kaur alias Phano & Meeta (married sisters-in-law) and petitioner Balvir Kaur (motherin- law) of the deceased. During the course of investigation, the police declared main accused Jaswinder Singh (husband), Swaranjit Kaur alias Phano & Meeta (married sisters-in-law) innocent. Only petitioner Balvir Kaur (mother-in-law) was charge sheeted for the commission of pointed offence. All the main allegations of cruelty for and in connection with the demand of dowry are assigned to Jaswinder Singh (husband) of the deceased, who was declared innocent by the police. General and vague allegations are alleged against the petitioner in this respect. The only allegation assigned to her, is that 5/6 days of the marriage, Jaswinder Singh (husband), Balvir Kaur (mother-in-law) and Swaranjit Kaur alias Phano & Meeta (married sisters-in-law) of the deceased started harassing her by taunting for bringing lesser dowry at the time of marriage and demanded money from them to send Jaswinder Singh to Canada. No other overt act or specific role is attributed to the petitioner. Moreover, she is aged lady and was arrested on 1.5.2011. Since then, she is in jail. No useful purpose would be served in detaining the petitioner, aged lady. Not only that, as per the reports (Annexures P1 and P2) of departments of Radio Diagnosis, Imaging and Histopathology, PGI, she is suffering from cancer. There is no likelihood of the early disposal of the main case. 7. In the light of aforesaid reasons, taking into consideration the totality of all facts and circumstances, emanating from the record, as indicated here-inabove and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the main case, the instant application for regular bail is accepted. The petitioner is ordered to be released on bail on her furnishing bail and surety bonds to the satisfaction of the trial Court. 8. Needless to state that nothing observed, here-in-above, would reflect, in any manner, on merits during the trial of the main case, as the same has been so recorded for a limited purpose of deciding the present application in this relevant connection. ---------0.B.S.0------------