In an appeal regarding an anticipatory bail petition under Section 438 Cr.P.C. in a dowry-related murder attempt case where the death of the daughter-in-law occurred via burning, this court dismissed the petition as devoid of merit.
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Crl.M.No.M-29331 of 2013(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-29331 of 2013(O&M) Date of Decision: September 26, 2013
Satya Devi
.....Petitioner
v.
State of Punjab
.....Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.Vivek K.Thakur, Advocate for the petitioner.
.....
RAM CHAND GUPTA, J.(Oral)
Crl.M.No.39097 of 2013
Application is allowed subject to all just exceptions.
Crl.M.No.M-29331 of 2013
The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.42, dated 22.11.2011, under Sections 302, 307,34 IPC, registered at Police Station Satnampura, Phagwara, District Kapurthala.
I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Sessions Judge, Kapurthala, vide which application filed on behalf of the petitioner for anticipatory bail was dismissed.
Brief allegations are that marriage of son of petitioner was performed with deceased Raj Rani on 9.1.2009. One child was also born out of the wedlock. The present FIR was lodged as per dying declaration of the deceased by Judicial Magistrate in which she stated that she was set on fire by her husband in connivance with petitioner-accused.
It has been contended by learned counsel for the petitioneraccused that petitioner is an old lady of 70 years of age and that she was found innocent by the police during investigation. It is also contended that main allegations are against the husband of the deceased, i.e., son of present Meenu 2013.09.27 12:31 I attest to the accuracy and integrity of this document chandigarh
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Crl.M.No.M-29331 of 2013(O&M)
petitioner and that only allegation against petitioner-accused, as per dying declaration, is that she was burnt by her husband in connivance with the present petitioner-accused.
It may be mentioned here that earlier petitioner had also filed criminal revision before this Court challenging order passed by learned trial Court summoning her to face trial alongwith co-accused by allowing the application filed by the prosecution under Section 319 Cr.P.C. and, however, the same was dismissed on merit by Coordinate Bench of this Court vide order dated 13.5.2013 passed in Crl.R.No.1612 of 2013.
There are serious allegations against petitioner-accused. Daughter-in-law of the petitioner was set on fire by her son in connivance with her.
Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitionerSatya Devi for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.
26.9.2013
meenu
(Ram Chand Gupta) Judge
Meenu 2013.09.27 12:31 I attest to the accuracy and integrity of this document chandigarh
2 issues framed by the court
Whether anticipatory bail should be granted to an elderly petitioner in a dowry-related murder attempt case where seriously allegations exist.
Whether the dismissal of the anticipatory bail application, despite factual contentions regarding police investigation and prior innocence finding, is tenable.
1 provisions across 1 enactments
Satya Devi
State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
