Judgment:
CRM No.M-11975 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-11975 of 2014 Date of Decision: 11.4.2014 Binder ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present: Mr.Sandeep Arora, Advocate for the petitioner.
Mr.Arshdeep Singh Kler, AAG Punjab for the State.
Mehinder Singh Sullar, J.
(Oral) Petitioner Binder (mother-in-law) wife of Mohan Lal, has preferred the instant petition for the grant of regular bail, invoking the provisions of section 439 Cr.PC., in a case registered against her along with her son and main accused, namely, Jatinder Kumar (husband) of deceased Renu Bala, vide FIR No.170 dated 14.8.2013 (Annexure P1).for the commission of an offence punishable under Section 304-B read with section 34 IPC by the police of Police Station Division No.3, Jalandhar.
2.
Notice of the petition was issued to the State.
3.
After hearing the learned counsel for the parties, going through the record with their valuable help and considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context.
4.
Concisely, the prosecution claimed that the marriage of Renu Bala, niece of complainant Husan Chand s/o Anant Ram, was solemnized with main accused Jatinder Kumar, 2½ years ago, according to Hindu rites & ceremonies in village Bherua, Distt.
Hoshiarpur.
Soon after the marriage, the accused were stated to have started maltreating Renu Bala for dowry.
She informed her parents and the complainant.
It was claimed that she was Arvind Kumar Sharma 2014.04.12 14:44 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-11975 of 2014 2 treated with cruelty in connection with and on account of demand of dowry by the accused, culminating into her unnatural death.
Indisputably, the petitioner is her mother-in-law.
Very vague and general, allegations of cruelty are assigned to the petitioner.
Neither any specific role or overt act is attributed to her.
Otherwise also, she was not going to be directly benefitted from the alleged demand of dowry by the husband of the deceased.
All the main allegations of cruelty are assigned to main accused Jatinder Kumar, husband of the deceased (non-petitioner).Moreover, the petitioner, who is an old lady, was arrested on 16.8.2013.
Since then, she is in judicial custody and no useful purpose would be served to further detain her in jail.
There is no history of her previous involvement in any other criminal case.
The conclusion of trial will naturally take a long time.
5.
In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as indicated here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the couRs.of trial of main case, the instant petition for regular bail is accepted.
She is ordered to be released on bail on her furnishing adequate bail and surety bonds to the satisfaction of the trial Court 6.
Needless to mention that nothing observed here-in-above, would reflect on the merits, in any manner, during the trial of the main case, as the same has been so recorded for the limited purpose of deciding the present petition for regular bail.
Sd/- 11.4.2014 (Mehinder Singh Sullar) AS Judge Arvind Kumar Sharma 2014.04.12 14:44 I attest to the accuracy and integrity of this document Chandigarh