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2019 DIGILAW 2037 (PNJ)

Bachan Singh v. State of Punjab

2019-07-12

FATEH DEEP SINGH

body2019
Judgment Mr. Fateh Deep Singh, J. (Oral):- This order shall dispose off first regular bail application under Section 439 Cr.P.C in a case bearing FIR No.90 dated 13.10.2015 filed under Section 304-B of the Indian Penal Code registered at Police Station Begowal. 2. The allegations against petitioner-Bachan Singh, who is in custody since 26.10.2018, have been levelled by complainant-Swaran Singh, father of deceased-Rajwinder Kaur, daughter-in-law of the petitioner. As per the allegations, consequent upon her marriage with Jagjit Singh, son of the petitioner, in the month of March, 2012, the husband had been living abroad and subsequently, on his return, the couple started residing separately from the in-laws and subsequently, in the month of October, 2015, the petitioner had left the house compelling the wife to sleep at the house of the relatives and subsequently, on 11.10.2015, the dead body of the deceased was found hanging from the roof. 3. Learned counsel for the petitioner inter alia contends that as per the bare perusal of the FIR, there is no allegations levelled against the petitioner nor any role is attributed to him and he is behind the bars since 26.10.2018. 4. On behalf of the State, the learned State counsel, assisted by ASI Inder Pal Singh, Police Station Begowal, has conceded to the facts that have been brought to the notice of this Court by learned counsel for the petitioner but has opposed the grant of relief on the ground of heinousness of the offences. 5. Appreciating the submissions and bare perusal does not shows any allegations against the petitioner nor any role is stated therein attributing to him and the petitioner is behind the bars since almost 10 months, thus, culpability, if any, shall be determined at the trial, this Court is of the opinion that it would serve no useful purpose to further detain the petitioner in custody. Accordingly, he is ordered to be released on regular bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate/Illaqa Magistrate of the Court concerned. 6. The petition stands disposed off accordingly.