Crl. Misc. No. M- 30382 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 30382 of 2010 (O&M) Date of Decision: October 13, 2010 Monika Rani @ Bawa ........Petitioner Versus State of Punjab ........Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present : Mr. B.D. Sharma, Advocate, for the petitioner. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.108 dated 1.5.2010, under Sections 307/34 of Indian Penal Code (in short 'IPC') (Sections 306/302 IPC added later on) registered at Police Station Jodhewal, District Ludhiana. The contents of the FIR as reproduced in para 2 of the petition read as under :- “Stated that I am resident of the above address and I am house wife. My husband Kuldeep Singh has installed machines for manufacturing nut- bolts in our house for the last about 15 years, and my husband and son manufacture nut-bolts on the said machines. The house of Balkishan is at situated about 3-4 house away from my house, who have been Crl. Misc. No. M- 30382 of 2010 (O&M) 2 giving applications for the last about 6-7 years that the machines make noise and we should stop the machines. Two months ago a compromise was effected between us that we have taken a plot at Bajra Road and we will shift there and therefore they should not harass us. Today at about 9.00 a.m. I went to the house of Balkishan. I was still standing outside the house of Balkishan, that the wife of Balkishan and daughters of Balkishan namely Tipsy and Bawa threw Diesel from the rooftop and also threw a burning match stick on me. I caught fire. I raised raula of Bachao Bachao in high pitch and on hearing my noise, my son Satpal and Pali and other residents of the Mohalla reached there. My son Satpal and Pali extinguished the fire. Pali and my son Harpal after arranging for a vehicle got me admitted at C.M.C. Hospital for treatment. Usha Rani, Tipsy and Bawa had lit fire on me by throwing diesel on me. I have got my statement recorded with you. I have heard the same and it is correct. Action may be taken. They have threw diesel on me and lit fire with an intention to kill me. Sd/- R.T.I. Kanta Rani..." Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. During investigation it has been recommended that in fact it was a case of Section 306 IPC. Crl. Misc. No. M- 30382 of 2010 (O&M) 3 After hearing the learned counsel for the petitioner, I am of the opinion that no ground for grant of anticipatory bail to the petitioner is made out. The allegations levelled against the petitioner are serious in nature. The deceased while lodging the FIR had stated that diesel had been thrown from the roof top on her by the petitioner and her sister Tipsy. Thereafter, the petitioner and her sister had set her on fire. At this stage only recommendation has been made during investigation for deletion of offence under Section 306 IPC, whereas the FIR, prima facie, reveals that it is a case offence under Section 302 IPC. No ground for grant of anticipatory bail to the petitioner is made out. Dismissed. (SABINA) October 13, 2010 JUDGE Anand