Punjab-Haryana High Court
Xxxxx vs Xxxxx on 10 April, 2023
CRM-M-15414-2023 1 2023:PHHC:048377 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.222 CRM-M-15414-2023 Date of Decision: 10.04.2023 Harman Singh .... Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Parminder Singh-I, Advocate for the petitioner. Mr. Kunal Vinayak, AAG Punjab. 3 2 2 TRIBHUVAN DAHIYA, J. (ORAL)
This is a petition under Section 439 Cr.P.C. seeking grant of regular bail in case FIR No.129 dated 31.08.2022, registered under Sections 306, 511 and 116 of IPC at Police Station Nahianwala, District Bathinda.
2. Learned counsel for the petitioner contends that the incident in which the deceased set herself on fire is dated 30.08.2022. Her dying declaration under Section 32(1) of the Indian Evidence Act, 1872 (Annexure P-1), was recorded before the Magistrate on 30.08.2022 at 11.38 p.m., wherein the petitioner/deceased's son was not named as an accused. The allegations were only levelled against deceased's husband by stating that he was an old patient of diabetes, which had made him impotent and there were no physical relations between them. She had relations with another person around two and a half years ago, but not any longer. However, her husband still used to suspect and fight with her on that account. On 29.08.2022 at about 9.00 p.m., while she was cooking food in the kitchen, again there was a fight between them as her husband suspected that she had received a phone call from her friend, and asked her to handover her mobile phone to him.
MANINDER 2023.04.11 09:13 | attest to the accuracy and authenticity of this order/judgment.
CRM-M-15414-2023 2 2023:PHHC:048377 Being fed up, on 30.08.2022 at around 2.00 p.m., she sprinkled petrol on herself and lit the fire in vacant place behind the shop.
3. It is further contended that subsequently, the FIR was lodged on 31.08.2022 at 2.30 p.m. in the presence of deceased's brother, wherein she named the petitioner as an accused, and alleged that her phone was demanded by her son on 29.08.2022. Being fed up with her son as well as her husband, she had put petrol upon herself and lit the fire on 30.08.2022 at about 1.00 p.m. in order to finish her life. Learned counsel also contends that, in fact, the petitioner as well as her father tried to save the deceased and took her to the hospital at Faridkot. The petitioner has been implicated falsely only on account of pressure from deceased's brother subsequently. He is in custody since 01.09.2022 and there is no other case pending against him.
4. Learned State counsel, upon instructions from ASI Chait Singh, opposes the grant of bail on the ground that two of the prosecution witnesses have been examined, i.e., the investigating officer and the deceased's brother, who has levelled allegations against the petitioner also. He has stated that both, the petitioner as well as his father, locked the house from outside and it was only after the deceased's brother came that she was taken to hospital in the evening at around 7.00 p.m. The trial of the case is going on, and eleven prosecution witnesses remain to be examined. He, however, does not dispute that the petitioner is in custody since 01.09.2022, and there is no other case pending against him.
5. The submissions made by learned counsel for the parties have been considered.
6. There are different versions of the incident given by the deceased herself. Initially, the petitioner, her son, was not named as an 202804 11 09:3 offender by her. Attribution to him came only a day later, that too in the | attest to the accuracy and authenticity of this order/judgment.
CRM-M-15414-2023 3 2023:PHHC:048377 presence of her brother. Culpability of the petitioner is a matter of trial, which will take some time to conclude as eleven prosecution witnesses still remain to be examined. The petitioner has no criminal antecedents. Therefore, at this stage, no useful purpose will be served by confining the petitioner to custody during trial any longer.
7. Accordingly, petition is allowed, and the petitioner is directed to be released on regular bail subject to the satisfaction of the trial Court/Duty Magistrate concerned.
(TRIBHUVAN DAHTYA) JUDGE 10.04.2023 Maninder Whether speaking/reasoned_:: Yes/No Whether reportable : Yes/No MANINDER 2023.04.11 09:13 | attest to the accuracy and authenticity of this order/judgment.