Petition filed for bail pending trial. Court accepted plea for correction in Memo of Parties regarding petitioner's relationship. Granted bail without expressing opinion on merits as petitioner is falsely implicated and no fugitive risk exists.
Petitioner released on bail pending trial subject to furnishing requisite bail and surety bonds.
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Crl. Misc. No. M-35397 of 2017 [ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-35397 of 2017 Date of Decision : September 27,2017
Jasvir Kaur @ Jasbir Kaur ................................................Petitioner
Versus
State of Punjab .............................................................. Respondent
CORAM : HON'BLE MRS. JUSTICE LISA GILL
Present: Mr. Mahir Sood, Advocate for the petitioner.
Mr. Davinder Bir Singh, DAG, Punjab.
LISA GILL, J. (Oral)
The petitioner, who is the mother-in-law of the complainant, seeks the concession of bail pending trial in FIR No. 0192 dated 07.07.2017 under Sections 326/323/324/354/511/447/148/149/120-B IPC registered at Police Station Sultanpur Lodhi, District Kapurthala.
Learned counsel for the petitioner submits that due to an inadvertent mistake in the Memo of Parties Jasvir Kaur @ Jasbir Kaur is not mentioned to be 'wife of' late Sukha Singh.
On oral request of learned counsel for the petitioner the words 'wife of' are added in the Memo of Parties. Registry to carry out necessary correction in the Memo of Parties before issuing copy of order in this case.
It is submitted that after the death of the petitioner's son in the year 2014, litigation between the parties started. Civil suit filed by the Rupinder Kaur 2017.09.28 13:48 I attest to the accuracy and integrity of this document
Crl. Misc. No. M-35397 of 2017 [ 2 ]
petitioner and others is pending. The petitioner was in fact afforded interim relief by this Court on 02.08.2017 in CRM-M-28068 of 2017 (Annexure P4) but due to an inadvertent mistake Section 326 IPC was not mentioned in the petition therefore the petitioner was arrested on 08.08.2017 when she went to join investigation. It is argued that the petitioner has been falsely implicated in this FIR for extraneous considerations. No injury has been attributed to her. Therefore this petition be allowed.
Learned counsel for the State is unable to deny that civil litigation between the parties is indeed pending. It is verified, on instructions, from ASI Puran Chand, Police Station Sultanpur Lodhi, that the petitioner is not involved in any other criminal case. There are no allegations that petitioner is likely to abscond or that she is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. No useful purpose shall be served by keeping the petitioner incarcerated any longer.
Keeping in view the facts and circumstances noted above but without expressing any opinion on the merits of case, it is considered just and expedient to allow this petition. Consequently, the petitioner be released on bail pending trial subject to her furnishing requisite bail bonds and surety bonds to the satisfaction of the learned trial Court.
None of the observations made here-in-above shall be construed to be a reflection on merits of the case and shall have no bearing on trial.
( LISA GILL ) 27.09.2017 JUDGE rupi
Note: Whether speaking/reasoned Yes / No Whether Reportable: Yes / No
Rupinder Kaur 2017.09.28 13:48 I attest to the accuracy and integrity of this document
Crl. Misc. No. M-35397 of 2017
[ 3 ]
Rupinder Kaur 2017.09.28 13:48 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the petitioner be granted bail pending trial considering she is falsely implicated in the FIR and no injury is attributed to her.
Whether the plea for correction in the Memo of Parties to indicate the petitioner as wife of the deceased needs to be accommodated.
Jasvir Kaur @ Jasbir Kaur
State of Punjab
LISA GILL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
