High Court Punjab-Haryana High Court

Mohinder Kaur vs State Of Punjab on 14 July, 2009

Punjab-Haryana High Court
Mohinder Kaur vs State Of Punjab on 14 July, 2009
      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