The High Court granted regular bail to the petitioner, an accused of conspiracy in a dowry-related death attempt, despite her alleged instigation, noting her absence at the crime scene and the custody of an infant child.
Petitioner ordered to be released on bail to the satisfaction of the Trial Court.
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.
CRM NO. M-10384 OF 2011 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM NO. M-10384 OF 2011 (O&M) DECIDED ON : 20.05.2011
Manjit Kaur
...Petitioner
versus
State of Punjab
...Respondent
CORAM : HON'BLE MR. JUSTICE K. C. PURI
Present : Mr. Narinder Lucky, Advocate, for the petitioner.
Mr. Amandeep Singh Rai, AAG, Punjab.
K. C. PURI, J. (ORAL)
Manjit Kaur w/o Harjinder Singh has applied for grant of regular bail in FIR No. 70 dated 26.05.2010 under Sections 302/120-B/34 IPC registered at Police Station Makhu, Tehsil Zira, District Ferozepur.
As per allegations of the prosecution, Dyal Singh father of Joginder Kaur has stated that marriage of his daughter Joginder Kaur aged about 20-21 years was solemnized with Amarjit Signh. A baby boy was born about two months back. There was a dispute between Joginder Kaur and her husband Amarjit Singh. His daughter disclosed him about the illicit relations of her husband Amarjit Singh with his sister-in-law
CRM NO. M-10384 OF 2011 (O&M)
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Manjit Kaur-the present petitioner. On 25.05.2010 at about 5:00 A.M, he went to the house of his daughter. At that time, Amarjit Singh was abusing his daughter Joginder Kaur in a high pitch and he saw that Amarjit Singh put fire on Joginder Kaur after pouring kerosene oil from plastic cane. Complainant and his brother Makhan Singh tried to put off the fire but she was burnt badly during the process. In the end, it is mentioned that the said occurrence has taken place at the instigation of petitioner and her husband.
Learned State counsel is fair enough to concede that at the time of occurrence, the petitioner was not present. The allegation against the petitioner is that of conspiracy. He has also admitted that earlier the police has declared the petitioner innocent and challan was presented against Amarjit Singh alone. However, supplementary challan was presented against the petitioner and her husband. It is also admitted by the learned State counsel that a child of about 8-9 months is with the petitioner in jail. The petitioner is stated to be in custody since 13.11.2010.
Learned counsel for the petitioner has placed on record the photo stat copies which envisage that Gulshan son of the petitioner remained admitted in Dhaliwal Hospital, Moga from 23.05.2010 to 28.05.2010.
So, the cumulative effect is that the petitioner is entitled to concession of regular bail. The bail petition stands
CRM NO. M-10384 OF 2011 (O&M)
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accepted and the petitioner is ordered to be released on bail to the satisfaction of trial Court.
MAY 20, 2011 shalini
(K. C. PURI) JUDGE
2 issues framed by the court
Whether the petitioner, accused of conspiracy in an attempted dowry-death case, is entitled to be granted regular bail.
Whether the absence of the petitioner at the time of the alleged occurrence and the presence of a child in her custody warrant release on bail.
1 provisions across 1 enactments
Manjit Kaur
State of Punjab
K. C. PURI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
