Manjit Kaur vs State Of Punjab on 4 October, 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-36634-2017
Date of decision: 04.10.2017

Manjit Kaur
…Petitioner

Versus

State of Punjab
…Respondent
*****

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

1 of 3
08-10-2017 04:31:49 :::
CRM-M-36634-2017 -2-

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

2 of 3
08-10-2017 04:31:50 :::
CRM-M-36634-2017 -3-

look after him.

I have heard learned counsel for the parties and perused the

record.

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,

concerned.

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)
Satyawan JUDGE

Whether speaking/reasoned Yes

Whether reportable No

3 of 3
08-10-2017 04:31:50 :::

Leave a Comment

Your email address will not be published. Required fields are marked *