Allowed

Jasbir Kaur @ Nikki v. State of Punjab

Punjab & Haryana HC24 Feb 2012CRM-M/37180/2011

Case brief

AI extract

What is this about?

In a bail petition under section 439 Cr.P.C. for murder under sections 302 and 34 IPC, the Court allowed bail. The Court noted that while the petitioner had been in custody since August 2010, the father-in-law was found innocent by the police and the no case stated application against him was dismissed, making the petitioner's continued custody unjustified.

What did the court decide?

The petitioner is released on bail on furnishing a personal bond of Rs. 25,000 with one surety in the like amount.

Jasbir Kaur @ Nikki Vs State of Punjab — Murder and Culpable Homicide | Punjab & Haryana HC (2012)

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Crl. Misc. No.M-37180 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-37180 of 2011 (O&M) Date of Decision: February 24^th , 2012

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Jasbir Kaur alias Nikki

.... Petitioner

Versus

State of Punjab

.... Respondent

CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest?

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Present Mr. P.S.Hundal, Advocate, for the petitioner.

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Mr. Amandeep Singh Rai, DAG, Punjab, for the State.

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VIJENDER SINGH MALIK, J.

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Jasbir Kaur alias Nikki has sought regular bail by way of this petition brought under the provisions of section 439 Cr. P.C. in a case registered by way of FIR No.102 dated 8.8.2010 at Police Station Dasuya, District Hoshiarpur for an offence punishable under sections 302, 341 read with section 34 of Indian Penal Code.

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The prosecution case, briefly stated, is that Sumittar Kaur wife of late Harbhajan Singh married her daughter Narainder Kaur with Paramjit Singh in the year 2008. She gave birth to the second child on 19.7.2010. When the child was 21 days' old, the complainant alongwith Satwinder Singh, her dever and Varinder Pal Singh son of said

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Crl. Misc. No.M-37180 of 2011

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Satwinder Singh went to drop Narinder Kaur at her matrimonial home. When they entered the matrimonial home of Narinder Kaur, her father-inlaw, husband and younger sister-in-law started taunting them about their not giving the complete dowry at the time of marriage and having come empty handed on the eve of birth of a male child. They told them that they would have no face to put up before their relations. At this, the complainant decided to take back Narinder Kaur and her children to her place. In the meantime, the father-in-law of Narinder Kaur raised a lalkara that they should not be allowed to go unhurt. On this lalkara, Nikki, the sister-in-law of Narinder Kaur grabbed her by her neck and her husband, Paramjit Singh, who was having iron rod in his hand, came out to the lane and blocked their way. Nikki then raised a lalkara that they should teach a lesson to them. Hearing this, Paramjit Singh gave 4-5 iron rod blows on the head of Narinder Kaur which fell on the right, left and centre of her forehead. Narinder Kaur then fell down and Paramjit Singh continued giving blows to Narinder Kaur. When the complainant raised alarm, the accused ran away from the spot.

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Learned counsel for the petitioner has submitted that the petitioner is the sister-in-law of the deceased who had been married 7 or 8 years ago at village Miani, which is 40 Kms. away from the place of occurrence. According to him, the complainant made out allegations of similar nature against the father-in-law and the petitioner and that the police during investigation had found the father-in-law to be innocent and have challaned the petitioner. He has submitted that no injury suffered by the deceased is attributed to the petitioner. He has further submitted that though the petitioner is in custody since 9.8.2010, yet the trial is still

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Crl. Misc. No.M-37180 of 2011

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at the stage of beginning because after examination of the complainant, an application under section 319 Cr.P.C. was made for summoning of father-in-law of the deceased and the said application has now been dismissed.

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Learned State counsel has submitted, on the other hand, that the role of the father-in-law of the deceased and the petitioner is different. According to him, the petitioner is accused of having caught hold of Narinder Kaur from her neck where there is no such allegation against the father-in-law. He has, however, admitted that the petitioner is in custody since 9.8.2010 and has also not disputed the factual submissions regarding the stage of the trial against the petitioner.

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When Harnam Singh, the father-in-law of the deceased raised lalkara in the terms of not allowing them to go unhurt, Nikki, the petitioner, is said to have caught hold of Narinder Kaur from her neck. It is not the allegation that after grabbing the deceased by her neck, Paramjit Singh gave her blows with iron rod. The allegation is that blows were given by Paramjit Singh after Nikki raised a lalkara of teaching them a lesson. On receipt of blows on the forehead, Narinder Kaur is said to have fallen down which also shows that at that time, her neck was not in the hands of Nikki. If the deceased would have been grabbed while she was actually assaulted, then the role of Nikki and Harnam Singh could have been held distinguishable. The role of the two in the present circumstances appears to be the same. When Harnam Singh was found by the police to be innocent, the petitioner , who is in custody since 9.8.2010 is at least entitled to bail.

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Crl. Misc. No.M-37180 of 2011

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The petition is, consequently, allowed. The petitioner is directed to be released on bail on her furnishing a personal bond in a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Hoshiarpur.

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(VIJENDER SINGH MALIK) JUDGE

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February 24^th , 2012 som

Jasbir Kaur @ Nikki v. State of Punjab

Case brief

What is this about?

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Jasbir Kaur @ Nikki v. State of Punjab

Case brief

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