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2014 DIGILAW 1042 (PNJ)

Baldev Singh v. State of Punjab

2014-07-10

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J.(Oral) - Petitioner-Baldev Singh son of Mehal Singh, has directed the instant petition for the grant of regular bail, in a case registered against him along with his brother & other co-accused Iqbal Singh and sister-in-law Parminder Kaur(Bhabhi), vide FIR No.09 dated 15.02.2014, for the commission of offences punishable under Sections 306 and 34 IPC, by the police of Police Station Boha, District Mansa. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context. 4. Concisely, the prosecution claimed that, the marriage of Rupinder Kaur, daughter of complainant-Bohar Singh, was solemnized with the petitioner, thirteen years prior to the present occurrence. After solemnization of the marriage, they resided together and cohabited as a husband & wife and a son, namely, Gurkirat Singh was born out of their wedlock, who is now twelve years of age. On 13.02.2014, Rupinder Kaur attempted to commit suicide by consuming some poisonous substance and she died on 15.02.2014 after two days. The accused were stated to have abetted the commission of the indicated crime. 5. Indisputedly, the present case was, initially, registered against the petitioner, his brother Iqbal Singh and sister-in-law Parminder Kaur. During the course of investigation, Iqbal Singh and his wife Parminder Kaur were found innocent and were exonerated by the police. Moreover, the police did not arrange to record the statement of Rupinder Kaur, injured from the Magistrate, despite ample opportunity. Not only that, even in the statement of complainant, how, when and in what manner, the petitioner had treated the deceased with cruelty, remains an unfolded mystery. It is not a matter of dispute that neither the deceased nor her father or any other person had ever made any complaint in regard to the behaviour of the petitioner to any authority. In that eventuality, as to whether the penal provision of Section 306 IPC is attracted to the facts of the present case against the petitioner or not, inter alia, would be a moot point to be decided during the course of trial by the trial Court. 6. Moreover, the petitioner was arrested in this case on 20.02.2014. In that eventuality, as to whether the penal provision of Section 306 IPC is attracted to the facts of the present case against the petitioner or not, inter alia, would be a moot point to be decided during the course of trial by the trial Court. 6. Moreover, the petitioner was arrested in this case on 20.02.2014. Since then he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. Since, even charges have not yet been framed against the accused, so, the conclusion of trial will naturally take a long time. 7. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. ---------0.B.S.0------------ —————————