IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc No. M-5075 of 2009
Date of decision : 14.07.2009
Mohinder Kaur
....Petitioner
V/s
State of Punjab
....Respondent
BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. P.S. Ahluwalia, Advocate
for the petitioner.
Mr. Shailesh Gupta, DAG Punjab.
RAJAN GUPTA J. (ORAL)
This is a petition for regular bail to the petitioner in FIR No.
238 dated 27.09.2008 registered against the petitioner under Sections
304-B, 201, 34 IPC at police station Banga, District Nawanshahar.
Learned counsel for the petitioner submits that Balihar Ram,
who initially lodged the FIR, stepped into the witness box as PW-1 and
stated before the court that petitioner was not responsible for harassing the
deceased. According to the counsel, though the charge has been framed
under Section 302 IPC, there is no evidence to connect the petitioner with
the crime. Learned counsel also submits that co-accused i.e Resham Kaur
had already been enlarged on bail by this court vide
order dated 16.12.2008 passed in Crl. Misc. No. M-32591 of 2008. Counsel
further submits that petitioner has been in custody for more than nine
months.
Learned counsel for the State has however, opposed the grant
of bail to the petitioner on the ground that allegations against her are
Crl. Misc No. M-5075 of 2009 -2-
serious in nature.
Without expressing any opinion on the merits of the case and
taking into consideration the period of detention already suffered by her and
the fact that trial may take some time to conclude, I am of the considered
view that petitioner deserves to be released on bail. Accordingly, the
petition is allowed and the petitioner is ordered to be released on bail to the
satisfaction of Chief Judicial Magistrate, Nawanshahar.
14.07.2009 (RAJAN GUPTA) Ajay JUDGE