Gurdev Kaur vs State Of Punjab on 6 January, 2009

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH



                         Criminal Misc. -M No. 29331 of 2008 (O&M)
                         Date of decision : January 06, 2009


Gurdev Kaur
                                           ....Petitioner
                         versus
State of Punjab
                                           ....Respondent


Coram:      Hon'ble Mr. Justice Pritam Pal


Present :   Mr. SPS Sidhu, Advocate for the petitioner
            Mr. KD Sachdeva, DAG Punjab


Pritam Pal,J. (Oral)

Petitioner has brought this petition under section 439 of Code

of Criminal Procedure for seeking regular bail in case FIR No. 57 dated

11.3.2007 under sections 302, 304-B, 498-A IPC registered at Police Station

Baghapurana District Moga.

The petitioner is mother-in-law of the deceased. She is alleged

to have committed the murder of her daughter-in-law by setting her ablaze

after pouring kerosene oil. The contention of the learned counsel for the

petitioner is that the petitioner was arrested in this case on 17.3.2007.

Ultimately after investigation of the case, the petitioner was challaned for

commission of offence punishable under section 302 IPC. As observed by

the trial court vide its orders dated 7.10.2008 and 17.8.2007, when the

prosecution had already concluded its evidence against petitioner Gurdev

Kaur, supplementary challan against her husband Harbans Singh was also
Criminal Misc. -M No. 29331 of 2008 (O&M) -2-

put in the court whereupon he has now been charge sheeted for commission

of offence punishable under sections 304-B, 498-A IPC vide order dated

7.10.2008 and thus, a de-novo trial has now started in this case. In its order

dated 17.8.2007, learned Additional Sessions Judge (trial court) had rejected

bail application of the petitioner mainly on the ground that the trial of the

case was not likely to take a long time. The petitioner is in custody in this

case since 17.3.2007 and now in the aforesaid given facts and

circumstances, the trial is likely to take a long time. In this case husband of

the petitioner is stated to have been released on bail under section 438

Cr.P.C.

Taking an overall view and without commenting on the merits

of this case, the petitioner is ordered to be released on bail on her

furnishing bail/surety bonds to the satisfaction of the trial court.

Criminal Misc. is disposed of.

                                                         ( Pritam Pal )
January 06, 2009                                               Judge
  'dalbir'