Punjab-Haryana High Court
Baldev Singh @Pinka & Anr vs State Of Punjab on 6 August, 2015
222
CRM-19771-2015 in
CRA-S- 3063-SB-2014
BALDEV SINGH @PINKA & ANR VS STATE OF PUNJAB
Present: Mr. Ashit Malik, Advocate
for the applicant-appellants.
Mr. Varun Sharma, A.A.G., Punjab.
***
Prayer made in this application under Section 389 Cr.P.C. is for suspension of sentence of applicant-appellant No.1 Baldev Singh @ Pinka during the pendency of the appeal. He is brother of husband of the deceased-Kulwinder Kaur.
Learned counsel for the applicant No.1 states that as per statement of mother of the deceased recorded in hospital compound, she made categoric statement that marriage of Kulwinder Kaur @ Ruby was solemnised with Sukhdev Singh on 13.05.2012 and at the time of marriage no dowry articles were given. Thereafter allegations of demand were made.
Learned counsel further relies upon statement of Dr. Jasbir Singh who appeared as PW-2. According to opinion of the Doctor, probability of sustaining burn injuries by Kulwinder Kaur @ Ruby was on account of stone busting in view of pattern of injuries received on her front side. According to learned counsel whether such opinion will serve rebuttable presumption to Section 113-B would be debatable particularly when applicant No.1 is only brother of the husband.
Learned counsel further states that there is no apparent MOHMED ATIK 2015.08.06 17:43 I attest to the accuracy and authenticity of this document CRM-19771-2015 in -2- CRA-S- 3063-SB-2014 material on record suggesting that soon before death the deceased Kulwinder Kaur @ Ruby was subjected to demand of dowry and at the most it is the case of joint demand by all the accused including the accused persons who are still at large.
Learned State counsel has placed on record custody certificate showing that applicant No.1 has already undergone 02 years 04 months and 11 days as on 14.07.2015 without remissions.
The appeal is of the year 2015 and the same may take sometime for its final culmination.
At this stage, without embarking upon merits of this case, remaining sentence of the applicant-appellant No.1 Baldev Singh @ Pinka is suspended during pendency of the appeal. He is ordered to be released on bail subject to furnishing bail bonds to the satisfaction of Chief Judicial Magistrate, Pathankot.
Application stands allowed.
06.08.2015 (RAJ MOHAN SINGH)
Atik JUDGE
MOHMED ATIK
2015.08.06 17:43
I attest to the accuracy and
authenticity of this document