IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of decision: 04.10.2017
State of Punjab
CORAM: HON’BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr.Sukhdeep Singh Sidhu, Advocate
for the petitioner.
Mr. A.S. Dhaliwal, DAG, Punjab.
Mr. T.S. Sangha, Sr. Advocate, with
Mr. J.S. Lalli, Advocate,
for the complainant.
JAISHREE THAKUR, J.
This is a petition that has been filed under Section 439 Cr.P.C.
praying for grant of regular bail to the petitioner in offence under Sections
306/34 of IPC under which the challan was filed and in the alternative
Section 302 of IPC under which the charge has also been framed in case
FIR No. 100 dated 02.06.2017 under Section 307, 498-A of IPC, registered
at Police Station Nehianwala, District Bathinda, however, during
investigation the Sections 307/302/498A of IPC were deleted.
In brief, the facts are that the petitioner herein is the mother-in-
law of the deceased and has been in custody for an offence under 306/34 of
IPC under which the challan was filed and in the alternative Section 302 of
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IPC under which the charge is also framed in FIR No. 100 dated 02.06.2017
under Section 307, 498-A of IPC, registered at Police Station Nehianwala,
District Bathinda, however, during investigation the Sections 307/302/498A
of IPC was deleted.
Learned counsel for the petitioner urges that the petitioner
herein is entitled for grant of regular bail as she has been in custody since
02.06.2017 in which the investigation is complete and the challan has been
put up. It is further argued that the allegations in the FIR itself are not
maintainable. The deceased died of burn injuries on account of sudden
explosion due to cooking gas. In fact, she was immediately rushed to Civil
Hospital, Bathinda, who referred her to Dayanand Medical College,
Ludhiana for further treatment. In the said hospital, she made a statement as
to how she received the burn injuries to the doctor. In fact, the mother of
the deceased treated the case as an accident and requested not to conduct the
Medicolegal examination of the deceased. The FIR has been lodged at the
behest of the brother of the deceased by concocting a story that he had been
informed by his sister while they were at OMAX hospital that she had been
set on fire by her husband Satnam Singh, sister-in-law Sandeep Kaur,
mother-in-law Manjit Kaur and father-in-law Resham Singh. It is also
argued that the entire medical expenditure amounting to Rs. 11 lacs of the
deceased had been met by the husband and his family members and in case
they had committed such an offence they would have absconded at the very
first instance instead of attending her at the hospital till very end. It is also
contended that the minor child of the deceased is still in his parental home
and other than the grand-mother (the present petitioner), there is no one to
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look after him.
I have heard learned counsel for the parties and perused the
Without going into the merits of the case but while noting that
there is a statement given by the deceased herself that she suffered injuries
on account of sudden explosion due to cooking gas and also while noting
that the investigation is complete, the present petition is accepted and the
petitioner is ordered to be released on regular bail on her furnishing bail
bonds and surety bonds to the satisfaction of trial Court/Duty Magistrate,
However, it is made clear that any opinion expressed herein is
for the purpose of grant of bail and not to be construed as an opinion on the
merits of the case.
04.10.2017 (JAISHREE THAKUR)
Whether speaking/reasoned Yes
Whether reportable No
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