The Court granted bail to a female petitioner aged over 60 years in a case involving domestic violence (burn injuries). The order relied on the proviso to Section 437(1) CrPC without expressing an opinion on the merits of the case.
Petitioner ordered to be released on bail upon furnishing bonds/surety bonds to the satisfaction of the trial Court.
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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This is a second petition for bail, first having been dismissed as withdrawn.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
1 issue framed by the court
Whether a female applicant aged over 60 years is eligible for bail under the proviso to Section 437(1) of the Code of Criminal Procedure.
1 provisions across 1 enactments
Prem Kaur
State of Punjab
M.M.S Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
