IN THE HIGH COURT OF PUNJAB AND HARYANA AT…
Petitioners to be released on bail by furnishing surety bonds subject to conditions that they do not browbeat witnesses or hamper the trial.
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CRM-M-11296-2014 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-11296-2014 (O&M). Decided on: October 27, 2014.
Mandeep Kaur and others
..... Petitioner(s)
Versus
State of Punjab
..... Respondent(s)
CORAM: PRESENT
HON'BLE MR. JUSTICE M.M.S. BEDI Mr.Balkar Singh, Advocate, for the petitioners.
Mr.Ankur Jain, AAG., Punjab.
Mr.Mohit Jaggi, Advocate, for the complainant.
M.M.S. BEDI, J (ORAL).
Petitioners are females. Petitioner Nos.1 & 2 are the daughters of petitioner No.3. As per the allegations in the FIR on 12.11.2013, the petitioners along with Bhupinder Singh, father of petitioner Nos.1 & 2 and husband of petitioner No.3 had gone to the house of the complainant Boota Singh and started throwing household articles. The complainant Boota Singh, his father Nachhatar Singh and mother Krishna Devi tried to stop the petitioners resulting in a brawl.
Bhupinder Singh non-applicant alleged to have assaulted Boota Singh complainant with an iron rod on the head. Jaspal Singh had given a rod blow on the head of Nachhatar Singh who fell down and fainted. Prince gave kick blows with legs on the person of Nachhatar Singh while he was lying down.
1
RAJ KUMAR ARORA 2014.10.28 12:20 I attest to the accuracy and authenticity of this document
CRM-M-11296-2014 (O&M)
So far as the petitioners-ladies are concerned, petitioner no.3 had caught hold of Boota Singh complainant from neck whereas petitioner Nos. 1 & 2 had caught hold of the complainant. A brick blow has been attributed to petitioner no.1 on the person of mother of the complainant on head resulting in a simple injury. Nachhatar Singh is alleged to have died on account of injuries attributed to the non-applicants. The petitioners have not been attributed any specific injury on the person of the deceased. All the family members of the family of Bhupinder Singh appear to be in custody. The petitioners have been in custody w.e.f. 22.11.2013. The complainant has already been examined. The petitioners being ladies, the probability of tampering with the evidence is remote.
Taking into consideration the period of detention and the nature of the allegations, the petitioners can be granted the concession of bail.
Without expression of any opinion on merits, the petition is allowed. The petitioners are ordered to be released on bail on their furnishing bail bonds/surety bonds to the satisfaction of the trial Court subject to the condition that the petitioners will not browbeat the witnesses or hamper the trial, in any manner. In case of any such eventuality, the order passed by this Court will be liable to be cancelled.
(M.M.S. BEDI)
JUDGE
October 27, 2014. rka
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RAJ KUMAR ARORA 2014.10.28 12:20 I attest to the accuracy and authenticity of this document
1 issue framed by the court
Whether the bail petition filed by female petitioners in a family dispute case involving alleged assault is maintainable and should be allowed.
Mandeep Kaur and others
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
