Present: Mr. Vinay Kumar Advocate for Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1122063
CourtPunjab and Haryana High Court
Decided OnJan-21-2014
AppellantPresent: Mr. Vinay Kumar Advocate for
RespondentState of Punjab
Excerpt:
crm no.m-1177 of 2014 1 in the high court of punjab and haryana at chandigarh crm no.m-1177 of 2014 date of decision: 21.01.2014 simriti ....petitioner versus state of punjab ....respondent coram: hon'ble mr.justice naresh kumar sanghi present: mr.vinay kumar, advocate, for mr.karanjit singh, advocate, for the petitioner. mr.k.s.pannu, dag, punjab, for the respondent. *** naresh kumar sanghi,j.(oral) prayer in this petition is for grant of bail to the petitioner, simriti, wd/o late pritam singh now baldev singh, resident of h.no.50, street no.2, new shaheed udham singh nagar, mandir shivala, amritsar, who has been booked for having committed the offences punishable under sections 201 and 302 read with section 34, ipc, in a case arising out of fir no.161, dated 15.07.2013, registered at police station, sultanwind, district amritsar. learned proxy counsel submits that even if the whole case of the prosecution is taken at its face value, then also the ingredients of section 302, ipc, are not attracted qua the petitioner. he further contends that the learned trial court while passing the impugned order failed to consider that the prosecution has not alleged that the petitioner caused the murder vandana 2014.01.22 17:59 i attest to the accuracy and integrity of this document crm no.m-1177 of 2014 2 of her son. he also contends that so far as section 201, ipc, is concerned, the same is bailable one. learned counsel for the state, on instructions from sub- inspector, palwinder singh of police station, sultanwind, very fairly states that there is no material to connect the petitioner with the offence punishable under section 302, ipc, however, he opposes the grant of bail to the petitioner on the premise that there is material on record to connect her with the offence punishable under section 201, ipc. heard. from the perusal of the paper book and after hearing the learned counsel for the parties, this court is of the considered opinion that applicability of section 302 read with section 34, ipc, would be a moot point during the cours.of trial. however, it is made clear that there is no direct evidence to connect the petitioner with the offence punishable under section 302, ipc. so far as section 201 is concerned, the same is bailable one. the petitioner is a lady and is behind the bars for the last approximately five months. the trial would take sufficient long time to conclude. keeping in view the totality of the facts and circumstances of the case, the present petition for grant of bail to the petitioner, simriti wd/o late pritam singh now baldev singh, resident of h.no.50, street no.2, new shaheed udham singh nagar, mandir shivala, amritsar, is allowed. she is ordered to be released on bail during pendency of the trial of the present case, subject to her furnishing bail bonds to the satisfaction of learned vandana 2014.01.22 17:59 i attest to the accuracy and integrity of this document crm no.m-1177 of 2014 3 chief judicial magistrate/duty magistrate, amritsar. (naresh kumar sanghi) 21.01.2014 judge vandana vandana 2014.01.22 17:59 i attest to the accuracy and integrity of this document
Judgment:

CRM No.M-1177 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-1177 of 2014 Date of decision: 21.01.2014 Simriti ....Petitioner versus State of Punjab ....Respondent Coram: HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: Mr.Vinay Kumar, Advocate, for Mr.Karanjit Singh, Advocate, for the petitioner.

Mr.K.S.Pannu, DAG, Punjab, for the respondent.

*** NARESH KUMAR SANGHI,J.(Oral) Prayer in this petition is for grant of bail to the petitioner, Simriti, wd/o late Pritam Singh now Baldev Singh, resident of H.No.50, Street No.2, New Shaheed Udham Singh Nagar, Mandir Shivala, Amritsar, who has been booked for having committed the offences punishable under Sections 201 and 302 read with Section 34, IPC, in a case arising out of FIR No.161, dated 15.07.2013, registered at Police Station, Sultanwind, District Amritsar.

Learned proxy counsel submits that even if the whole case of the prosecution is taken at its face value, then also the ingredients of Section 302, IPC, are not attracted qua the petitioner.

He further contends that the learned Trial Court while passing the impugned order failed to consider that the prosecution has not alleged that the petitioner caused the murder Vandana 2014.01.22 17:59 I attest to the accuracy and integrity of this document CRM No.M-1177 of 2014 2 of her son.

He also contends that so far as Section 201, IPC, is concerned, the same is bailable one.

Learned counsel for the State, on instructions from Sub- Inspector, Palwinder Singh of Police Station, Sultanwind, very fairly states that there is no material to connect the petitioner with the offence punishable under Section 302, IPC, however, he opposes the grant of bail to the petitioner on the premise that there is material on record to connect her with the offence punishable under Section 201, IPC.

Heard.

From the perusal of the paper book and after hearing the learned counsel for the parties, this Court is of the considered opinion that applicability of Section 302 read with Section 34, IPC, would be a moot point during the couRs.of trial.

However, it is made clear that there is no direct evidence to connect the petitioner with the offence punishable under Section 302, IPC.

So far as Section 201 is concerned, the same is bailable one.

The petitioner is a lady and is behind the bars for the last approximately five months.

The trial would take sufficient long time to conclude.

Keeping in view the totality of the facts and circumstances of the case, the present petition for grant of bail to the petitioner, Simriti wd/o late Pritam Singh now Baldev Singh, resident of H.No.50, Street No.2, New Shaheed Udham Singh Nagar, Mandir Shivala, Amritsar, is allowed.

She is ordered to be released on bail during pendency of the trial of the present case, subject to her furnishing bail bonds to the satisfaction of learned Vandana 2014.01.22 17:59 I attest to the accuracy and integrity of this document CRM No.M-1177 of 2014 3 Chief Judicial Magistrate/Duty Magistrate, Amritsar.

(NARESH KUMAR SANGHI) 21.01.2014 JUDGE vandana Vandana 2014.01.22 17:59 I attest to the accuracy and integrity of this document