CRM-M-37615-2010 (O&M) [ 1 ] ::::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37615-2010 (O&M) Date of decision:01.11.2011 Kamlesh Rani ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Hemant Saini, Advocate, for the petitioner. Mr. A.S.Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for grant of regular bail in a pending trial case registered vide FIR No.268 dated 13.10.2010, under Section 302 IPC at Police Station Sadar, Amritsar. The FIR is registered at the instance of Bhishamber Kumar who had suspected that her sister has been murdered by her mother-in-law as she was harassing her and his suspicion became true when after the post mortem the cause of death was found to be due to presence of choloro compound insecticide in the visra. Learned counsel for the petitioner submits that the petitioner is an old lady who is in custody since 13.10.2010 and has been falsely implicated in this case as the deceased was a young woman who could not have been forcibly administered choloro compound insecticide by the petitioner nor the said insecticide could be administered deceitfully as it requires to be administered in huge quantity so as to eliminate the life of a person. He submits that merely on suspicion the petitioner is being prosecuted and all the material witnesses of the prosecution have already been examined except for the four witnesses, whereas CRM-M-37615-2010 (O&M) [ 2 ] ::::::::: the next date fixed before the learned Trial Court is 08.12.2011 for further evidence. He further submits that the petitioner is a permanent resident of District Amritsar, who would not flee away from justice if she is released on bail with heavy surety. Learned State Counsel, however, submits that all the material witnesses have already been examined in this case and the petitioner is being prosecuted only on the basis of the statement of the brother of the deceased who had raised suspicion that her sister has been murdered by the petitioner by administering insecticide. After hearing both the learned counsel for the parties but without making any observation on the merits of the case, I am of the view that the petitioner deserves concession of bail in view of the fact that she is an old lady and is not likely to influence the remaining witnesses who all are official witnesses and the prosecution against her had started only on the basis of a suspicion. The present petition is thus allowed and the petitioner is ordered to be released on bail on her furnishing bail bonds alongwith two heavy local sureties to the satisfaction of the learned Trial Court. November 01, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE