Crl. Misc. No.M-26401 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-26401 of 2010 Date of Decision: 07.12.2010 Lakhvir Kaur ....Petitioner Versus State of Punjab and another ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Lalit Pathak, Advocate for the petitioner. Mr. P.S. Bajwa, D.A.G., Punjab for the respondent-State. Mr. Vikas Bali, Advocate for respondent No.2/complainant. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 438 Cr.P.C for grant of anticipatory bail to the petitioner in case FIR No.99 dated 02.05.2007 under Sections 302, 201, 364, 34 and 120-B IPC registered at Police Station Khanna, District Ludhiana. The allegations, in the FIR, are that the present petitioner was having illicit relations with the deceased. The petitioner was found innocent and the untraced report was submitted. However, the same was not accepted and the present petitioner along with other accused were summoned to face trial by the Judicial Magistrate Ist Class, Khanna vide order dated 27.05.2010. Learned counsel for respondent No.2-complainant has Crl. Misc. No.M-26401 of 2010 2 vehemently argued that the present petitioner was having illicit relations with the deceased and, therefore, she was a party with her other family members in conspiring to kill the deceased and placed on record the order dated 27.05.2010 passed by Judicial Magistrate Ist Class, Khanna, vide which, the present petitioner along with other co-accused have been summoned to face trial. The said order has been perused. The case of the present petitioner is clearly distinguishable from rest of the accused. Not even a word has been mentioned with respect to the fact that the present petitioner was not happy with her relationship with the deceased. In fact, a finding, which has been recorded, is as under :- “6. From the whole zimnies, it is clear that there is sufficient material that there was relationship of deceased and Lakhbir Kaur @ Lakhi and it was opposed by the family members of Lakhbir Kaur @ Lakhi.” Thus, it was not the petitioner but the other family members, who were upset with the said relationship. At this stage, the present petitioner, in any case, cannot be said to be a party in the murder of Gurpreet Singh with whom she was having an affair. There is nothing on record to show that the present petitioner was a party with her other family members to kill the deceased. In any case, the present petitioner is a lady and has already been found innocent by the police. Accordingly, in case, the petitioner puts in appearance before the trial Court and files an application for regular bail, she be admitted to bail subject to the condition as imposed by the trial Court. Allowed in above term. (NIRMALJIT KAUR) 07.12.2010 JUDGE gurpreet