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Karamjit Singh vs State Of Punjab on 3 May, 2019

Criminal Misc. No. M-29966 of 2018 -1-

IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH

Criminal Misc. No. M-29966 of 2018
Date of decision : May 03, 2019

Karamjit Singh
….Petitioner
versus

State of Punjab
….Respondent

Coram: Hon’ble Mr. Justice Fateh Deep Singh

Present : Mr. Sant Pal Singh Sidhu, Advocate, for the petitioner
Mr. Saurav Khurana, DAG, Punjab for the State
Mr. Naveen Batra, Advocate, for the complainant

Fateh Deep Singh, J. (Oral)

This first regular bail application under Section 439

Cr.P.C. before this Court filed by Karamjit Singh is in case bearing

FIR No. 13 dated 24.2.2018 under Sections 307, Section406, Section498A and Section34

IPC, Police Station Behram, District SBS Nagar.

The facts are as under:-

The present case was got registered by the complainant-

wife Hardeep Kaur alleging that marriage between the complainant

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and the accused was solemnized on 23.8.2015 and out of which a

girl child was born on 5.6.2016. It is further stated by the

complainant that it was second marriage of the petitioner as well as

of the complainant who alleged that the accused and his family were

greedy and demanded dowry and inspite of repeated intervention by

the respectables the accused used to ill-treat the complainant along

with his sister Kulvir Kaur and mother Harbhajan Kaur. It is alleged

that on 11.3.2017 at 9.00 AM all these three accused caught hold of

the complainant while she was in kitchen wherein the petitioner

poured kerosene oil and set her on fire. Thereafter the victim was

got admitted in the hospital with 40% burn injuries leading to the

registration of the present case on 24.2.2018 and arrest of the

petitioner on 25.2.2018.

Mr. Sant Pal Singh Sidhu, learned counsel for the

petitioner submits that the petitioner is behind the bars for more than

one year two months and that the occurrence has taken place on

11.3.2017 whereas FIR has come about after more than one year on

24.2.2018 and thus sought to hammer home the point that there is

false implication of the petitioner on account of matrimonial dispute

and that the trial is not likely to be concluded in near future.

Mr. Saurav Khurana, DAG, Punjab assisted by Mr.

Naveen Batra, Advocate, for the complainant have strongly opposed

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the grant of the bail on the grounds that surgery had to be performed

on the complainant who remained hospitalized from 11.3.2017 to

21.5.2017 and in view of heinousness of the offence and seriousness

of the allegations together with the fact that if allowed bail, the

petitioner might influence the witnesses does not calls for grant of

bail.

Appreciating the submissions as is there and could not be

displaced by the two sides, the petitioner husband had earlier

instituted on 23.10.2017 a petition under Sectionsection 11 of the Hindu

Marriage Act, 1955 for nullification of the marriage between the

petitioner and the complainant whereas the present FIR has been got

registered subsequent thereto on 24.2.2018. More-so admittedly the

occurrence has taken place on 11.3.2017 and therefore, this

inordinate delay and the fact that inspite of having been discharged

on 21.5.2017, the complainant has not initiated any action are

matters of much relevance. It is not displaced that the complainant

as well as the petitioner were previously married and has

subsequently entered into this wedlock on 23.8.2015 and thus, a

debatable issue arises over the cause of this occurrence as to

demand of dowry. The petitioner is behind the bars for more than

one year and two months. The trial is not likely to be concluded in

near future. No useful purpose will be served by retaining the

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petitioner in jail. Accordingly, he is ordered to be released on regular

bail to the satisfaction of learned Chief Judicial Magistrate/Duty

Magistrate, Shaheed Bhagat Singh Nagar (Nawanshahr).

The present petition stands disposed off accordingly.

The observations made herein above shall have no

bearing on the merits of the case as these are purely for the disposal

of the present bail application.

( Fateh Deep Singh )
May 03, 2019 Judge
‘tiwana’

Whether speaking/reasoned ? Yes/No
Whether Reportable ? Yes/No

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