In an anticipatory bail application, the High Court of Punjab and Haryana denied pre-arrest bail, ruling that the petitioner's illicit relations prior to her husband's suicide and her subsequent marriage within six months did not constitute extraordinary circumstances warranting such relief.
Application for pre-arrest bail dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Misc. No.M-13307 of 2010 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl. Misc. No. M-13307 of 2010
Date of Decision: May 7, 2010
Parminder Kaur
…..Petitioner
Vs.
State of Punjab
…..Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr. Anurag Chopra, Advocate for the petitioner.
-.-
M.M.S. BEDI, J. (ORAL)
Petitioner apprehends arrest in a case registered at the instance of her father alleging that the petitioner was married to Karnail Singh and had illicit relations with Manpreet Singh. Karnail Singh committed suicide on account of the immoral activities of the petitioner.
Counsel for the petitioner submits that the petitioner had married Manpreet Singh after the death of her husband Karnail Singh on June 29, 2009. She had also filed a petition for protection in the High Court
Crl. Misc. No.M-13307 of 2010 [2]
alongwith Manpreet Singh and a direction had been given by the High Court to the SSP, Ludhiana on December 1, 2009 for appropriate action.
It is claimed by the petitioner that on account of greed, the property which is to be vested in petitioner after the death of her husband Karnail Singh she has been falsely implicated by her father.
Counsel for the petitioner has vehemently contended that offence of abetment to suicide is not made out if seen in context to Section 107 IPC. No overt act is attributed to the petitioner indicating that she had, in any manner, abated suicide of Karnail Singh.
I have heard counsel for the petitioner at length and considered all the submissions. The petitioner in enquiry has been found to have illicit relations during the life time of Karnail Singh. The date of death of Karnail Sigh is June 29, 2009. Within less than a period of six months, she performed marriage with Manpreet Singh. While approaching High Court for protection Parminder Kaur and Manpreet Singh had not impleaded Pal Singh, complainant as there was no threat to their life and liberty at the hands of the complainant.
Taking into consideration the totality of the circumstances, it will be premature to arrive at any conclusion that the death of Karnail Singh did not have anything to do with the illicit relations of the petitioner with Manpreet Singh to whom she has married immediately after the death.
In view of the above circumstances, there are no extraordinary exceptional circumstances to grant the concession of bail to the petitioner. All the arguments raised by counsel for the petitioner may constitute a good
Crl. Misc. No.M-13307 of 2010
[3]
ground for grant of regular bail but I do not find any circumstance to grant pre-arrest bail to the petitioner.
Dismissed.
In case the petitioner surrenders before the Illaqa Magistrate or investigating officer, her application for regular bail will be decided expeditiously by the Court of competent jurisdiction.
May 7, 2010 (M.M.S.BEDI) sanjay JUDGE
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner in a case of abetment to suicide.
Whether the relationship between illicit relations and the husband's suicide establishes extraordinary circumstances for bail.
Parminder 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
