Petitioner sought regular bail in murder prosecution. Court observed investigation found no injury on deceased, pointing to heart attack, but challan was filed. Bail granted on furnishing bond and surety.
Petitioner admitted to bail on furnishing personal bond and surety to satisfaction of Chief Judicial Magistrate.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.M-25182 of 2010 Date of Decision: 26.10.2010
Paramjit Kaur
.... Petitioner
Vs.
State of Punjab
... Respondents
Present: Mr. J.S.Dhaliwal, Advocate for the petitioner.
Mr.Kirat Singh Sidhu, AAG, Punjab.
S.S.SARON,J.
Heard learned counsel for the parties.
The petitioner seeks regular bail in a case registered on
16.7.2009 for the offences under Sections 302, 201 and 120-B IPC.
The FIR (Annexure P1) in the case has been registered on the basis of special information received by Inspector Balwinder Singh, SI/SHO Police Station Tappa, District Barnala. The special informant informed Inspector Balwinder Singh that Rajinder Singh @ Nanu and his sister Paramjit Kaur had murdered Mandeep Kaur daughter of Paramjit Kaur, aged 16/17 years. Paramjeet Kaur was married to Nirmal Singh resident of village Maur Maksuthan. It is alleged that Rajinder Singh @ Nanu who is brother of Paramjit Kaur suspected that his niece Mandeep Kaur (deceased) was leading a wayward life. Therefore, both brother and sister murdered Mandeep Kaur on the night of 15/16.7.2009 and cremated her dead body in the cremation ground of village Daraaj. Later, an inquiry was conducted
Crl. Misc. No.M-25182 of 2010
by Deputy Superintendent of Police, Sub Division Tappa and in his inquiry report dated 14.8.2009 (Annexure P2), it was observed after examining several witnesses that Mandeep Kaur since her childhood lived in the house of her maternal grandparents. She had affection for them. For the last two years she was living with her maternal grand-parents and was studying. Earlier she had suffered a heart attack. On the mid-night of 15/16.7.2009. Mandeep Kaur had suffered a heart attack. In the morning at 5.00 a.m. when Karnail Singh, the maternal grand-father of Mandeep Kaur called her, she did not reply. Karnail Singh took his bicycle and brought Dr.Gurmail Singh resident of village Daraj and he after checking her pulse declared her dead. The said doctor made a statement that there was no mark of injury on the body of the girl. The pre creamation body wash of Mandeep Kaur was conducted with the help of other ladies. No mark of injury was noticed on the body of Mandeep Kaur at that time. Since Mandeep Kaur lived with her maternal grand-parents since her childhood, therefore, she was cremated at 9.30 am at the cremation ground of village Daraaj, in the presence of Panchayat members and respectables of the village. At the time of cremation 60-70 persons were present. During investigation by the DSP, Tapa, no evidence against Rajinder Singh @ Nanu maternal uncle of Mandeep Kaur, Paramjeet Kaur mother of Mandeep Kaur regarding killing her and cremating her at night was found. From the investigation conducted, it was observed that Mandeep Kaur had died due to a heart attack. No solid proof has been found on the
Crl. Misc. No.M-25182 of 2010
basis of which the accused could be challaned. Besides, no fact about the character of Mandeep Kaur being not good was found. It was recommended for declaring the accused Rajinder Singh @ Nanu and Paramjit Kaur as innocent. The report of the Deputy Superintendent of Police was approved by the Senior Superintendent of Police, Barnala. However, thereafter the challan in the case has been filed.
The prosecution is to establish its case by leading evidence. The petitioner alongwith her brother is accused of murdering her daughter. It is not shown that the deceased was having any kind of relation with any other person.
Therefore, in the aforesaid facts and circumstances, the petitioner on her furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate, Barnala shall be admitted to bail.
(S.S.SARON) JUDGE
Janki
26.10.2010
2 issues framed by the court
Whether the petitioner is entitled to regular bail while on personal bond and surety.
What evidence was found against the petitioner regarding the death of the deceased.
Paramjit Kaur
State of Punjab
S. Saron
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
