IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 1173 of 2009
DATE OF DECISION : 9.3.2009
Prem Kaur
......PETITIONER
VERSUS
State of Punjab
......RESPONDENTS
PRESENT: Mr. KS Dhaliwal, Advocate
Ms.Rajni Gupta, DAG, Pb
M.M.S.BEDI,J.
This is a second petition for bail, first having been dismissed
as withdrawn.
The petitioner is the mother-in-law of Parminder Kaur, who had
died on account of burn injuries received by her. In her statement made to
the police on 24.8.2007, she has stated that the petitioner and her
daughter Jaswinder Kaur had caught hold of her from her arms and Kuldip
Singh, her husband had sprinkled kerosene oil and she has been set on
fire by her husband Balbir Singh. The petitioner is stated to be more that 60
years of age. She has been in custody since 16.9.2007. Evidence of only
three witnesses has been recorded till date. Involvement of Jaswinder
Kaur, during investigation, was found to be false. It will be a moot point
during trial whether the statement, alleged to have been made to the
police, could be treated as a dying declaration.
Without expression of any opinion on merits of the case, the
petitioner being a lady, aged more than 60 years can be granted bail taking
into consideration the provisions of proviso Section 437(1) Cr.P.C.
The petition is allowed and the petitioner is ordered to be
released on bail on furnishing bail bonds/surety bonds to the satisfaction of
the trial Court.
March 9 ,2009 ( M.M.S.BEDI ) TSM JUDGE