Punjab-Haryana High Court
Gurbax Singh @ Gachhi vs State Of Punjab on 28 March, 2014
Author: T.P.S.Mann
Bench: T.P.S.Mann
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM M-8100 of 2014
Date of Decision : March 28, 2014
Gurbax Singh @ Gachhi
.....Petitioner
VERSUS
State of Punjab
.....Respondent
CORAM: HON'BLE MR. JUSTICE T.P.S.MANN
Present : Mr. Raj Kumar Gupta, Advocate
Dr. Deipa Singh, Addl. A.G., Punjab
T.P.S. MANN, J. (Oral)
Prayer made in the petition is for the release of the petitioner on bail during the pendency of the trial of the case.
Learned counsel for the petitioner submits that no active part was allegedly played by the petitioner in the incident, who is father-in-law of deceased Sandeep Kaur. Infact, the FIR was registered on the basis of statement made by Smt. Sandeep Kaur, which after her death has assumed the nature of dying declaration. She stated therein that on 17.5.2013 at about 8.30 p.m., her brother-in-law Rajinder Singh stated that she be set on fire. Thereafter, her mother-in-law Manjit Kaur poured petrol and set her on fire. It is also submitted that no where Sandeep Kaur stated that the petitioner was present at the time of occurrence. Further, there are general allegations against the petitioner and others of demanding money. It is also submitted that the petitioner, who is 75 years of age, is suffering from paralysis of one side of the body. He is in custody since 8.10.2013. As the trial of the case is likely to take a long time, he be released on bail.
CRM M-8100 of 2014 -2-Learned State counsel has vehemently opposed the prayer made on behalf of the petitioner by submitting that the petitioner, who is the father-in-law of the deceased, had been harassing and treating the deceased with cruelty in connection with dowry. She has, however, produced the certificate issued by the Medicine Department, Government Medical College, Amritsar, as per which the petitioner is diagnosed to be an old case of CVA (cerebro vascular accident) with residual weakness on right side of body and presently having acute coronary syndrome.
The said report is taken on record.
Having heard learned counsel for the parties and going through the FIR as well as the certificate issued by the Government Medical College, Amritsar, this Court is of the considered view that the petitioner deserves the concession of bail.
Resultantly, the petition is accepted. Bail to the satisfaction of Chief Judicial Magistrate, Jalandhar.
( T.P.S. MANN )
March 28, 2014 JUDGE
ajay-1
Kumar-I Ajay
2014.03.31 10:16
I attest to the accuracy and
integrity of this document
Chandigarh