Petitioner sought regular bail under IPC 304-Bo and CrPC 439 in a dowry death case as married brother-in-law with no specific allegations. Bail was granted subject to Chief Judicial Magistrate satisfaction pending separate trial application.
Bail granted to petitioner subject to satisfaction of Chief Judicial Magistrate, Bathinda.
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CRM No. M 14829 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M 14829 of 2010 Date of decision: 11.10.2010
Ram Singh
........ Petitioner
Versus
State of Punjab .......Respondent(s)
Coram: Hon'ble Ms Justice Nirmaljit Kaur
-.-
Present: Mr. Sant Pal Singh Sidhu, Advocate for the petitioner
Mr. K S Pannu, DAG, Punjab for the respondent State
-.-
Nirmaljit Kaur, J. (Oral)
This is a petition under Section 439 Cr.P.C. for grant of regular
bail to the petitioner in case FIR No. 20 dated 17.02.2010 under Section 304-B of Indian Penal Code, registered at Police Station Nahianwala, District Bathinda.
It is stated that the present petitioner is the married brother-inlaw of the deceased. He has separate ration card and also has minor children. Meanwhile, an application under Section 475 of the Code of Criminal Procedure has been moved for separating the trial of main accused, namely , Mandeep Singh who is husband of the deceased. He is in custody
CRM No. M 14829 of 2010 2
since 18.02.2010 and at this rate, the trial may take a very long time. It is also stated that there is no specific allegation against the present petitioner.
Bail to the satisfaction of Chief Judicial Magistrate, Bathinda.
(Nirmaljit Kaur) Judge
October 11, 2010 mohan
3 issues framed by the court
Whether bail should be granted to the petitioner in a dowry death case pending trial where he is alleged to have no specific involvement.
Whether the trial should be separated as there is a specific allegation only against the main accused husband.
Whether the petitioner, being married brother-in-law with separate ration card and children, should be released on bail.
3 provisions across 2 enactments
Ram Singh
State of Punjab
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
