The court granted regular bail to the petitioner, Maan Singh, charged in a murder case. The judge noted that prima facie no offence under Section 302 IPC was made out and the trial would take a long time to conclude.
Petitioner released on bail to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Kapurthala.
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.M.No.31499-M of 2010 #1#
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl.M.No.31499-M of 2010
Date of Order: 25.11.2010
Maan Singh
.....Petitioner
Vs.
State of Punjab
.....Respondent
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Rakesh Kumar, Advocate for the petitioner.
Mr. Gaurav Garg Dhuriwala, AAG, Punjab.
Mr. Ajay Kaushik, Advocate for C.B.I.
JASWANT SINGH, J (ORAL)
Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.36 dated 18.3.2010 under Sections 302/148/149 IPC, P.S Bholath.
Petitioner is Jeth of the deceased-Kamaljit Kaur (sister of the complainant). As per allegations in the FIR, petitioner along with other coaccused (father, two daughters and a son) is alleged to have given beatings to Kamaljit Kaur on her claiming share from the ancestral land belonging to her deceased husband. It is also alleged that the father-in-law Jagar Singh was also forcing deceased Kamaljit Kaur to get married to petitioner-Maan Singh. It is further alleged that the beatings resulted in her death and thus, the lodging of the FIR.
Learned counsel submits that after the occurrence on 14.3.2010 at 6 p.m, Kamaljit Kaur (since deceased) was removed to Civil Hospital, Bholath by her brother-complainant. She, thereafter died on 17th of March
Crl.M.No.31499-M of 2010 #2#
2010 in the Civil Hospital, Bholath while being in the company of her relatives. By referring to Chemical Examiner's report dated22.4.2010 (P.4), it is contended that the cause of her death is due to poison i.e Organophosphorus compound pesticide was detected in her viscera. Further submits that as per FIR, petitioner is ascribed injury on the shoulder of the deceased with a baseball bat. It is further stated that the petitioner is in custody since 18.3.2010 and that challan has already been presented.
Learned state counsel, on instructions from ASI Ashok Kumar, does not dispute that the cause of death is stated to be poisoning by Organophosphorus compound after she had remained in custody of her brothers. Further concedes that the challan in the present case has been presented and charges have been framed.
Without commenting upon merit of the case and keeping in view the fact that prima facie no offence under Section 302 IPC is made out and that the trial is not likely to be concluded in near future, I deem it appropriate to grant concession of bail to the petitioner.
Accordingly, petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Kapurthala.
November 25, 2010 ( JASWANT SINGH ) manoj JUDGE
3 issues framed by the court
Whether to grant regular bail to the petitioner charged under Sections 302, 148, and 149 IPC.
Whether the trial is likely to be concluded in the near future.
Whether prima facie, no offence under Section 302 IPC is made out.
2 provisions across 2 enactments
Maan Singh
State of Punjab
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
