The High Court allowed a regular bail application filed by a petitioner charged in a matrimonial murder case. Granted on account of the significant period spent in custody and the trial's inability to conclude shortly.
Bail granted to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Amritsar.
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.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-21798 of 2016 Date of decision : October 20, 2016
Jyoti
....Petitioner
versus
State of Punjab
....Respondent
Coram: Hon'ble Mr. Justice Fateh Deep Singh
Present : Mr. VK Sandhir, Advocate, for the petitioner Mr. Gurveer Sidhu, AAG, Punjab, for the respondent with SI Tirath Singh
Fateh Deep Singh, J. (Oral)
The allegations against petitioner Jyoti in this regular bail application under section 439 Cr.P.C. are that on 7.11.2015 she got married with Lakhwinder Singh now deceased son of complainant Kulwant Singh and on account of matrimonial dispute he has left for Doha, Qatar where he died an un-natural death and it was after 19 days of his death the present FIR has been got lodged by the father of the deceased.
It is duly acceded to at the Bar by learned State counsel to the arguments of the counsel for the petitioner Mr. Sandhir that neither there is any allegation of involvement much less any element of abatement to suicide against the petitioner. The petitioner is in custody since 16.4.2016.
Dalbir Singh Tiwana 2016.10.22 10:52 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
Criminal Misc. No. M-21798 of 2016 -2-
Keeping in view the substantive period of incarceration and the fact that the trial is not likely to be concluded in near future, without adverting to the merits of the case, the instant application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Amritsar.
The present petition stands disposed off accordingly.
( Fateh Deep Singh ) October 20, 2016 Judge 'tiwana' Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No
Dalbir Singh Tiwana 2016.10.22 10:52 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
1 issue framed by the court
Whether the bail application under Section 439 Cr.P.C. should be allowed given the duration of custody and lack of near-future trial conclusion.
1 provisions across 1 enactments
Jyoti
State of Punjab
Fateh Deep Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
