IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-17264 of 2009 Date of decision : July 27, 2009 Balkar Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Ashok Singla, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Balkar Singh has filed this petition for bail in case FIR No. 82 dated 15.4.2009 under sections 498-A/120-B IPC, Police Station Sadar Sunam, District Sangrur. The petitioner is husband of the complainant. Their marriage took place five years before the occurrence. The prosecution version is that the petitioner is having illicit relations with his co-accused Jaswinder Kaur since before the marriage of the complainant. Jaswinder Kaur even telephoned at the house of the complainant before her marriage asking her not to get married with the petitioner because he had been living with Jaswinder Kaur. Even after the marriage, the petitioner continued with his illicit relationship with Jaswinder Kaur and had been spending even entire Criminal Misc. No. M-17264 of 2009 -2- nights with her. Petitioner had been even beating the complainant on account of objection by the complainant to the said illicit relationship. Even husband of Jaswinder Kaur committed suicide by consuming poison but still there was no change in the attitude of the petitioner regarding his illicit relationship with Jaswinder Kaur. On 15.4.2009, the petitioner came home in the morning in drunken condition. At about 12.15 PM, Jaswinder Kaur telephoned and the complainant picked up the telephone. Jaswinder Kaur abused the complainant saying that she would destroy her home because she (Jaswinder Kaur) loved the petitioner. When the complainant narrated this incident to the petitioner, he became angry and used foul language for the complainant. Thereupon, the complainant set herself afire resulting in 75% burns. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner contended that it was petitioner who removed the complainant to the hospital. However, there is no circumstance to show that the complainant tried to douse the fire of the complainant. The petitioner did not suffer any burns. The complainant had suffered 75% burns. Even husband of petitioner's co-accused Jaswinder Kaur is said to have committed suicide. The mere fact that Jaswinder Kaur has since been granted bail, is not sufficient to entitle the petitioner to bail because he is husband of the complainant and qua the complainant, the petitioner can be said to be the main culprit. Criminal Misc. No. M-17264 of 2009 -3- Keeping in view all the circumstance but without meaning to express any opinion on the merits, I do not find it to be a fit case for releasing the petitioner on bail. The instant bail petition is accordingly dismissed. ( L.N. Mittal ) July 27, 2009 Judge 'dalbir'