Punjab-Haryana High Court
Sitara Singh vs State Of Punjab on 30 May, 2016
Author: Jaswant Singh
Bench: Jaswant Singh
242
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M No. 18183 of 2016 (O&M)
Date of Decision: 30.05.2016
Sitara Singh
.......... Petitioner
Versus
State of Punjab
.......... Respondent
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Veneet Sharma, Advocate
for the petitioner.
Mr. Mikhail Kad, Assistant Advocate General, Punjab
for the respondent/State assisted by ASI Satpal Singh.
****
JASWANT SINGH, J. (ORAL)
Prayer in this petition under Section 439 of Cr.P.C. filed on behalf of the petitioner-accused-Sitara Singh is for grant of regular bail in case FIR No. 181, dated 17.07.2014, for offences punishable under Sections 302, 201, 506, 120-B, 148, 149 of the Indian Penal Code, registered at Police Station Patti, District Tarn Taran.
Narinder Kaur (since deceased) was a widow and had inherited five acres of agricultural land as per the share of her deceased- husband (Jhirmal Singh) in Village Rattowal, District Ludhiana. Thereafter, she concededly was residing with co-accused-Jagjit Singh as his second wife in Village Chuslewarr, District Tarn Taran. It is also not in dispute that she had sold of the said five acres of land and handed over the money to the family of co-accused-Jagjit Singh.
As per allegations of the complainant-Kulwant Kaur, who is the real sister of deceased-Narinder Kaur, co-accused-Jagjit Singh in 1 of 2 ::: Downloaded on - 31-05-2016 00:18:26 ::: CRM-M No. 18183 of 2016 (O&M) -2- connivance with his two sons, namely, Sitara Singh (petitioner) and Jagroop Singh, had killed her sister-Narinder Kaur, as she was demanding her money back on account of repeated ill-treatment meted out to Narinder Kaur by the members of her new family.
It is contended that the said Narinder Kaur was grossly overweight and as per the Medical Board, she was suffering from "Metabolic Syndrome" and was admitted in the Civil Hospital at 10:00 AM on 17.07.2014 by the members of the family of co-accused-Jagjit Singh and she died on the same evening at 04:15 PM due to sudden cardiac respiratory arrest as per the medical record available till now. It is thus contended that Narinder Kaur (since deceased) had died a natural death and false allegations have been levelled by the complainant being a disgruntled sister. It is also contended that the petitioner is in custody since 02.08.2014 and co-accused-Jagjit Singh has since been enlarged on bail by this Court vide order dated 29.04.2016.
Learned State Counsel, assisted by ASI Satpal Singh, does not dispute the aforesaid factual position as also the bail granted to co-accused- Jagjit Singh.
Without commenting on the merits of the case, keeping in view the facts noticed above; custody period of the petitioner and parity of treatment, this Court finds that petitioner-accused deserves the concession of regular bail and as such he is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate concerned.
Disposed of.
May 30, 2016 ( JASWANT SINGH )
'dk kamra' JUDGE
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