IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-26067 of 2009 Date of Decision: February 18, 2010 Taranjit Kaur .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Gautam Dutt, Advocate, for the petitioner. Ms. Rajni Gupta, Additional Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of bail to the petitioner in case FIR No.142 dated 26.8.2009 under Sections 306/34 IPC, Police Station, Dirbha, District Sangrur. While considering the issue on 27.1.2010, the following order was passed:- “Learned counsel has produced in Court the order vide which Jasbir Singh, husband of the petitioner has been allowed bail under Section 439 Cr.P.C. by the Court of Sessions. The order is taken on record. It has been pointed out from the order that death of brother of husband of the petitioner was “due to aspiration of vomiting and chronic liver disease which was ante mortem in nature and Crl. Misc. No. M-26067 of 2009 [2] sufficient to cause death in ordinary course of nature. Only a scabbed wound 3.5 cm X 1 cm, possibly an abrasion in middle 1/3rd of right lower leg was found.” Learned counsel contends that considering the cause of death, no case under Section 306 IPC is made out as the death evidently was not on account of suicidal act. Learned counsel further points out that now the prosecution has added Section 302 IPC. DSP, Incharge of Police Station Dirbha, District Sangrur is directed to remain present in Court on 15-2- 2010 with exact material indicating either suicidal or homicidal reasons for the death of Gurtej Singh. Doctor who gave the opinion in regard to the cause of death is also directed to remain present in Court. In view of the above, it is directed that till the next date of hearing in the event of arrest, the petitioner shall be enlarged on interim bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions:- i)the petitioner shall make herself available for inter- rogation as and when required; ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person ac- quainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and iii)the petitioner shall not leave India without the previous permission of the Court.” Dr. Jagmohan Singh was present in Court on 15.2.2010 and clearly stated that the deceased was extremely weak when the body was examined during post mortem examination. Due to the disease, liver had shrunk in size and either the person died during aspiration of vomit and chronic liver disease which was ante mortem in nature or on account of sudden cardiac arrest due to stimulation of vagus. Crl. Misc. No. M-26067 of 2009 [3] Under these circumstances, Prit Pal Singh, Deputy Superintendent of Police, Sunam was asked to remain present in Court. The said person has filed his affidavit sworn on 17.2.2010 which is taken on record. It has been brought out that Manjit Kaur wife of Gurtej Singh (deceased) has levelled allegations of maltreatment meted out to Gurtej Singh by Niranjan Singh father of deceased, Jasvir Singh brother of deceased and Taranjit Kaur wife of Jasvir Singh. There were specific allegations of beatings and abusing to Gurtej Singh by the accused on 24.8.2009. On the said version and material, case under Section 306/34 IPC was registered. So far as medico legal evidence is concerned, the opinion regarding causing of death given is “due to aspiration of vomiting and chronic liver disease which is ante mortem in nature”. It has also been brought out that investigating agency investigated the matter only in context of allegations under Section 306/34 IPC and challan was prepared. However, during scrutiny by the prosecution agency, the matter was discussed with the concerned Law Officer. It was inferred from supplementary statement of Manjit Kaur dated 14.10.2009 that Gurtej Singh Crl. Misc. No. M-26067 of 2009 [4] (deceased) was suffering from an ailment of liver. The accused were well aware of the same and knowingly gave him beatings with intention of causing death of Gurtej Singh. Accordingly, Section 302 IPC was added on 28.10.2009. It transpires that the matter has been committed to the Court of Sessions and is pending for 23.2.2010 for consideration of charge. Learned counsel for the respondent- State or even the Deputy Superintendent of Police has not been able to draw attention of the Court towards any material or evidence available on the investigation file which would indicate that any injury had been given to the deceased. Death by suicide or homicide is not indicated from the material available on record. Considering the above aspects of the case, this petition is allowed. Order dated 27.1.2010 is hereby made absolute and it is directed that in the event of arrest, the petitioner shall be enlarged on bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions:- “(i) The petitioner shall make herself available for inter- rogation as and when required; Crl. Misc. No. M-26067 of 2009 [5] (ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person ac- quainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) The petitioner shall not leave India without the pre- vious permission of the Court.” This order shall enure till 15 days after the filing of final report under Section 173 Cr.P.C. within which period, the petitioner shall be re- quired to seek regular bail. (AJAI LAMBA) February 18, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?