CRM No. M-23879 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-23879 of 2009 (O&M) Date of decision: 25.9.2009 Rani ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. O.P. Hoshiarpuri, Advocate, for the petitioner. Rajan Gupta, J (oral). This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Sections 302, 120-B read with Section 34 IPC at Police Station Guru Harsahai, District Ferozepur, vide FIR No.20 dated 15.2.2009. Learned counsel for the petitioner has argued that the petitioner has been implicated only on the basis of suspicion. Neither any overt act has been attributed to the petitioner nor any direct evidence is available against her. At the best, the only allegation is under Section 120-B IPC. Learned counsel has placed reliance upon judgment reported as Sukhbir Singh vs. State of Haryana, 2002 (1) R.C.R. (Criminal) 323 to argue that a conspirator should be allowed bail. CRM No. M-23879 of 2009 2 Learned counsel for the State, on the other hand, has argued that the petitioner is widow of deceased Ashok Kumar. She was having illicit relations with co-accused Baldev Raj. Ashok Kumar used to object to her illicit relationship. According to the counsel, there is sufficient evidence to show that petitioner was involved in the conspiracy to commit the murder of her husband Ashok Kumar. There are calls details to show that the petitioner was in touch with Baldev Raj immediately before the commission of crime. The statement of father of the deceased also implicates the accused. This apart, the motive for commission of crime was also clear as husband of the petitioner was objecting to her illicit relations with the accused Baldev Raj. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. The allegations against the petitioner are serious in nature. According to the allegations of the prosecution, the petitioner was clearly involved in the conspiracy to commit the murder of her husband. The calls details immediately prior to the commission of crime also indicate that the petitioner was in touch with co-accused Baldev Raj before commission of murder. The judgment in Sukhbir Singh's case (supra), relied upon by the petitioner is not applicable to the facts of the present case as in the instant case, the prosecution appears to have sufficient evidence against the petitioner to prove her involvement in the murder of her husband. Keeping in view the seriousness of the allegations, gravity CRM No. M-23879 of 2009 3 of the offence and the punishment, which would entail in the event of conviction, I do not find it a fit case to grant bail. The petition is devoid of merits and is hereby dismissed. However, nothing contained herein, shall weigh with the trial court while considering the case on merits. (RAJAN GUPTA) JUDGE September 25, 2009 'rajpal'