Allowed

Mohinder Kaur v. State of Punjab

Punjab & Haryana HC13 May 2010CRM-M/500/2010

Case brief

AI extract

What is this about?

The High Court granted regular bail to an aged petitioner convicted in a murder and conspiracy case. Balancing the gravity of the offence with the petitioner's age, health, and custodial period, the court directed the CJM to admit her on personal bond and two sureties.

What did the court decide?

Petitioner granted regular bail on furnishing personal bond and two sureties to the satisfaction of the CJM Hoshiarpur.

Mohinder Kaur Vs State of Punjab — Murder and Culpable Homicide | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc M- 500 of 2010

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Date of decision: 13.5.2010

Mohinder Kaur

…Petitioner

Versus

State of Punjab

…Respondent

Present: Mr Ashu Kaushik, Advocate. Mr Shilesh Gupta, DAG Punjab.

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S.S.SARON, J.

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Heard counsel for the parties.

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The petitioner seeks regular bail in a case registered against her for the offences under Sections 302, 201, 120B, 212 and 202 IPC.

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The FIR in the case has been registered on the statement of Jagir Singh, whose daughter – Jaswinder Kaur (deceased) was married to Veer Singh, who is son of the petitioner. Three children were born out of the wedlock. The marriage between Jaswinder Kaur Veer Singh was solemnized 13 years before the occurrence that occurred during the intervening night of 7/8.10.2006. The primary allegations in the FIR are against Veer Singh – son of the petitioner and husband of the deceased. The petitioner has been implicated on account of a conspiracy. According to the complainant, the relations between Jaswinder Kaur (deceased) and Veer Singh were strained. The matter, however, was reported to the Army Authorities, where Veer Singh was serving. It is alleged that Veer Singh had fraudulently obtained signatures of Jaswinder Kaur and recorded a divorce

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Cr Misc M- 500 of 2010

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deed on the same. On 8.1.2006, Veer Singh committed the murder of his wife – Jaswinder Kaur as also three children. This, it was alleged, was done in connivance with the other accused including the petitioner. With a view to destroy the evidence, the dead bodies were thrown in the Canal. In the trial of the case, the prosecution is to examine 42 witnesses and 14 have been examined so far. One PW has been partly cross-examined. The petitioner is in custody since October 2006. According to the petitioner, she is 92 years of age; however, learned counsel for the State submits that at the time she was arrested, she was 65 years of age. In any case, learned counsel for the petitioner submits that the petitioner is suffering from other ailments. Besides, she has been named as an accused as she happens to be the mother of the main accused – Veer Singh. It is submitted that even though the act may be grave and unpardonable, however, the petitioner indeed has no role.

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The trial in the case is likely to take time. Besides, she is in custody for the last 3-1/2 years and an aged lady. The allegations against her are that she is involved in a conspiracy. Her earlier petition for the grant of bail was declined on 22.10.2008.

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In the aforenoticed facts and circumstances, the petitioner on her furnishing personal bond and two sureties of the like amount, shall be admitted to bail to the satisfaction of CJM Hoshiarpur.

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13.5.2010 ASR

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( S.S.SARON ) Judge

Mohinder Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

Mohinder Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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