In bail application under Section 439 Cr.P.C. regarding charge of culpable homicide by inducing suicide within five months of marriage, the High Court denied bail due to serious nature of allegations and directed expedited trial.
Petitioner's bail application dismissed; trial directed to be expedited.
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.
Criminal Misc.No. M- 13894 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.No. M- 13894 of 2010 Date of decision:- 09.7.2010
Sakatar Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present:Ms. G.K. Mann, Advocate for the petitioner.
Ms. Bhawna Gupta, DAG Punjab.
RAM CHAND GUPTA J.(Oral)
The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.107 dated 03.8.2009, under Section 306 IPC, registered at Police Station Sultanwind, District Amritsar.
I have heard learned counsel for the parties and have gone through the whole record carefully.
The brief allegations against the petitioner are that he is husband of deceased Sandeep Kaur. Deceased was married with the petitioner in March 2009 as per Sikh rites. Soon after the marriage he started harassing the deceased and started maltreating and giving beatings to her. He used to say that he suffered loss of Rs.50,000/- due to deceased. She was turned out of matrimonial home on account of harassment. She was rehabilitated thereafter on the assurance of mother of present petitioner. Again she was turned out of matrimonial house on account of harassment. She died due to poisoning just within five months of the marriage in the house of petitioner.
It has been contended by learned counsel for the petitioner that petitioner is continuing in custody since 04.8.2009 and that no witness has been examined so far. Further contended that trial is not likely to be concluded in near
Criminal Misc.No. M- 13894 of 2010
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future.
However, in view of the serious allegations against the petitioneraccused that his wife died just within five months of the marriage on account of harassment after taking poison, it is not a fit case for granting bail to the petitioner-accused at this stage.
The petition stands dismissed being devoid of any merits.
However, learned trial Court is directed to expedite the trial as the petitioner has been continuing in custody since 04.8.2009.
July 09, 2010 ( RAM CHAND GUPTA ) vj JUDGE
2 issues framed by the court
Whether the petitioner is a fit case for regular bail under Section 439 Cr.P.C. considering the serious allegation of his wife's death by suicide within five months of marriage.
Whether the trial should be expedited given the petitioner's prolonged custody.
1 provisions across 1 enactments
Sakatar Singh
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
