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2014 DIGILAW 1676 (PNJ)

Krishna Kaur v. State of Haryana

2014-12-03

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J.: (Oral) - The petitioner has preferred the instant petition for the grant of concession of regular bail, in a case registered against her along with her other co-accused & daughters Rupinder Kaur, Satwant Kaur and Deep Singh (son-in-law), vide FIR No.77 dated 12.06.2014, on accusation of having committed the offences punishable under Sections 306/34 IPC, by the police of Police Station GRP, Ambala Cantt. 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 help and considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context. 4. Precisely, the prosecution, inter alia, claimed that on 12.06.2014, Harjit Kaur, daughter of complainant-Kamlesh Kaur had committed suicide. The petitioner and her other co-accused were stated to have abetted the commission of crime. As per allegations contained in the FIR, some dispute had erupted between them with respect to vacation of the house, in question. In that eventuality, as to whether the penal provision of Section 306 IPC is attracted to the facts, relatable to the case of the petitioner or not, inter alia, would be a moot point to be decided after receipt of evidence of the parties during the course of trial by the trial Court. 5. Be that as it may, the petitioner, who is an old lady of 62 years of age, was arrested in this case on 21.08.2014. Since then she is in judicial custody and no useful purpose would be served to further detain her in jail. There is no history of her previous involvement in any other criminal case. Since, not even a single witness has yet been examined by the prosecution, so, the conclusion of trial will naturally take a long time. Not only that, Rupinder Kaur, similarly situated co-accused of the petitioner, was granted anticipatory bail, by means of order dated 19.09.2014 in CRM No.M-23506 of 2014 by this Court. Therefore, I see no reason not to extend the benefit of regular bail to the present petitioner as well under the similar set of circumstances. 6. Not only that, Rupinder Kaur, similarly situated co-accused of the petitioner, was granted anticipatory bail, by means of order dated 19.09.2014 in CRM No.M-23506 of 2014 by this Court. Therefore, I see no reason not to extend the benefit of regular bail to the present petitioner as well under the similar set of circumstances. 6. 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 of the main case, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on her 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, on merits in the trial of the main case, in any manner, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. ---------0.B.S.0------------