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2020 DIGILAW 1156 (PNJ)

Jasvir Kaur v. State Of Punjab

2020-05-18

REKHA MITTAL

body2020
JUDGMENT Rekha Mittal, J. - Jasvir Kaur, widow of Rajwinder Singh prays for grant of regular bail in FIR No.23 dated 13.02.2019 registered at Police Station Jaitu, District Faridkot for offence punishable under Sections 302, 201 and 120-B (added later on) of the Indian Penal Code. 2. Heard. 3. Notice of motion to the Advocate General, Punjab. 4. Ms. Samina Dhir, DAG, Punjab, appears on behalf of the State of Punjab. 5. Counsel for the petitioner would argue that petitioner has been involved in the crime with the aid of Section 120-B IPC. There are no allegations against the petitioner that she either conspired much less instigated Chhota Singh (the main accused) and father-in-law of the petitioner for committing murder of Rajwinder Singh, husband of the petitioner. The petitioner has two children aged 10 years and 8 years to look after. She was residing at her parental house in village Mani Singh Wala when the occurrence took place in village Fatehgarh Dabriwala. 6. Counsel representing State of Punjab would argue that prosecution has already completed evidence and the case is pending for recording statements of accused under Section 313 of the Code of Criminal Procedure since February, 2020. 7. Counsel for the petitioner, in reply, would argue that due to Covid-19, the trial is lingering on. Custody of the petitioner is of immense adverse consequence for her children who are living at the mercy of others in adverse conditions. 8. Counsel representing State of Punjab would fairly inform that there are no allegations against the petitioner that she conspired with her father-in-law for the murder of her husband Rajwinder Singh. 9. The only allegation against the petitioner is that her father-in-law had been maintaining illicit relation with her. The two minor children of the petitioner are living at the mercy of others in conditions of calamity. Due to Covid-19, culmination of trial may take some time even if the case is pending for recording statements of the accused. 10. Without meaning to express any opinion on merits of the case, bail to the petitioner subject to her furnishing bail bonds to the satisfaction of trial Court/Additional Sessions Judge (on duty), Faridkot. Due to Covid-19, culmination of trial may take some time even if the case is pending for recording statements of the accused. 10. Without meaning to express any opinion on merits of the case, bail to the petitioner subject to her furnishing bail bonds to the satisfaction of trial Court/Additional Sessions Judge (on duty), Faridkot. However, she shall abide by the following conditions:- (i) She shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and (ii) She shall not leave India without previous permission of the Court. Disposed of.