Crl. Misc.-M. No. 13609 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Crl. Misc.-M. No. 13609 of 2011 (O&M) Jarnail Singh ........Petitioner Versus State of Punjab ........Respondent 2. Crl. Misc.-M. No. 15067 of 2011 (O&M) Jasbir Singh ........Petitioner Versus State of Punjab ........Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. N.P.S. Mann, Advocate for the petitioner(s). Mr. G.S. Brar, AAG Punjab. RAJESH BINDAL, J. This order will dispose of above mentioned two petitions as both arise out of same FIR. Prayer in the present petitions is for grant of regular bail to the petitioners, pending trial. The petitioners are the husband and father-in-law of the deceased. Learned counsel for the petitioners submitted that the marriage of Jasbir Singh was solemnized with deceased Paramjit Kaur in the year, 2006 and both were happily residing before Paramjit Kaur committed suicide. They had a three years old son. The incident had happened on 31.05.2010 at 10.00 P.M. when the deceased come to kitchen to warm milk for her son. Crl. Misc.-M. No. 13609 of 2011 (O&M) -2- Immediately after that, she was taken to the hospital. The mother of the deceased was informed. The petitioners had not run away from the spot. They were arrested on 03.06.2010 and since then, they are in custody. Learned counsel for the petitioners submitted that after recording of some prosecution evidence, application under Section 319 Cr.P.C. was filed and now mother-in-law of the deceased namely Jaspal Kaur has also been summoned. Now, as a result, trial has started afresh. It will take long time to conclude. The complainant was not having any suspicion about the death of her daughter Admittedly, she died on 01.06.2010 and intimation was given to the police at 4.50 P.M. on the same date, though she had expired at 2.00 P.M. It is recorded in the police proceedings that deceased has 95% burn injuries. However, in the complaint to the police, the mother of the deceased stated that the deceased had told her in the hospital that she had committed suicide on account of harassment by her husband and her mother-in-law. Otherwise, prior to that there was no history of any harassment and dispute between the parties. In fact, the deceased was suffering from anxiety and depression and was under treatment. On the other hand, learned counsel for the State submitted that the deceased having died within four years of marriage on account of harassment by the petitioners, they do not deserve concession of bail. Considering the evidence produced by the prosecution before the Court, even the mother-in-law of the deceased has also been summoned to face trial, who was found innocent by the police during investigation. However, It is submitted by the learned counsel for the petitioners that nothing has been stated by the complainant regarding Crl. Misc.-M. No. 13609 of 2011 (O&M) -3- harassment of the deceased by the accused in the FIR. Considering the fact that as per allegations in the FIR, the deceased had committed suicide by burning herself; the complainant is mother of the deceased; she stated that her daughter had informed her about the harassment by the petitioners and mother-in-law of the deceased in the hospital; the police was not informed immediately about the incident so as to enable it to get the statement of the deceased recorded by a Magistrate; it is recorded in the police proceedings that when the police officials had gone to the hospital after registeration of FIR, apparently after the death of the daughter of the complainant as she had suffered 95% burn injuries; there is no material furnished by the complainant for prima-facie history of the harassment to the deceased; and that the petitioners are in custody for the last about 1 year 5 months, in my opinion, they deserve concession of bail, pending trial. They are directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ludhiana. The petitions stand disposed of. 03.11.2011 (Rajesh Bindal) harjeet Judge