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[Cites 9, Cited by 0]

Punjab-Haryana High Court

Beant Singh vs State Of Punjab on 4 December, 2018

Author: Arvind Singh Sangwan

Bench: Arvind Singh Sangwan

CRM-M-30208-2017                                                      -1-

    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH

                                                        CRM-M-30208-2017
                                                 Date of decision: 04.12.2018

Beant Singh                                                      ...Petitioner

                                        Versus

State of Punjab                                                ...Respondent


CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-   Mr. S. P. S. Sidhu, Advocate
            for the petitioner.

            Mr. M. S. Nagra, AAG, Punjab.

            Mr. Amandeeep Singh Manaise, Advocate
            for the complainant.

ARVIND SINGH SANGWAN, J. (Oral)

The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in Rapat No.22 dated 06.04.2017, for offence punishable under Sections 297, 195, 193 of the Indian Penal Code, 1860 (in short 'IPC') in FIR No. 20 dated 05.04.2017, registered under Sections 302, 148 and 149 of the IPC at Police Station Mallanwala, District Ferozepur On 29.08.2017, while granting interim bail to the petitioner, the following order was passed:

"Learned counsel for the petitioner submits that the co-accused Ranjit Kaur has been granted interim bail vide order dated 08.08.2017, passed in CRM-M No.21181 of 2017 which is reproduced as under:-
"It is submitted on behalf of the petitioner that the petitioner at the very instance got the FIR No.20 dated 05.04.2017 registered against four persons, namely, Baldev Singh, Jagdeep Singh, Satnam Singh and Mandeep Singh, regarding the alleged murder of her motherin-law and on 1 of 3 ::: Downloaded on - 05-01-2019 23:45:02 ::: CRM-M-30208-2017 -2- the very next day i.e. 06.04.2017, the aforesaid rapat was registered on the allegations that the petitioner along with her coaccused has tried to create evidence by causing injuries to the dead body of Surjit Kaur. During the course of arguments, it is transpired that report of Chemical Examiner and Histopathology is still awaited and as such, the exact cause of death of deceased - Surjit Kaur is yet to be ascertained. This fact is not disputed by learned State counsel, on instructions from ASI Narinder Singh. Counsel for the petitioner further submits that the petitioner is a lady and is in custody since 06.04.2017 and her husband and brother-in-law are also in judicial lock-up in some other case and there is no other member in her family to take care of the children. In view of the submissions made by learned counsel for the petitioner, the petitioner is granted interim bail on furnishing her bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate till the report of Chemical Examiner/Histopathology is received subject to the following conditions:- 1. She shall make herself available for interrogation by a police officer as and when required; 2. 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 from disclosing such facts to the Court or to any police officer; and 3. She shall not leave India without previous permission of the Court. List again on 14.12.2017."

List on 14.12.2017. The petitioner is granted interim bail on furnishing his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate till the report of Chemical Examiner/Histopathology is received subject to the following conditions:- 1. He shall make himself available for interrogation by a police officer as and when required; 2. He 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 from disclosing such facts to the Court or to any police officer; and 3. He shall not leave India without previous permission of the Court."

Today, status report by way of affidavit of DSP (City), Ferozepur has been filed in Court in connected case bearing 2 of 3 ::: Downloaded on - 05-01-2019 23:45:02 ::: CRM-M-30208-2017 -3- CRM-M-21181-2017 and as per the same, after completion of investigation, challan against the petitioner and co-accused Ranjit Kaur and Sukhwinder Singh has already been filed on 06.07.2017 and the case is now fixed for 15.12.2018 before the Court of Sessions Judge for framing of charge.

In view of the above, this petition is allowed and order dated 08.08.2017, granting interim bail to the petitioner, is made absolute.




December 04, 2018                             (ARVIND SINGH SANGWAN)
Waseem Ansari                                          JUDGE


                Whether speaking/reasoned                     Yes/No

                Whether reportable                            Yes/No




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