In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-718 of 2009 Date of decision: 14.5.2009 Gurbinder Singh @ Binder ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.H.S.Baath, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed by Gurbinder Singh @ Binder under Section 439 of the Code of Criminal Procedure (“Cr.P.C. for short) for grant of regular bail in case FIR No. 119 dated 25.10.2007, under Sections 364, 302 and 201 of the Indian Penal Code (“IPC” for short), registered at Police Station Sardulgarh, District Mansa. FIR in question was registered on the basis of statement of Iqbal Singh, brother of deceased Manjit Kaur. As per the prosecution case, Manjit Kaur @ Rani was married to Jaswant Singh about 17 years prior to the occurrence. Jaswant Singh developed illicit relations with his daughter-in-law Amandeep Kaur (wife of the petitioner). On this account, the petitioner and his co-accused Criminal Misc. No.M-718 of 2009 -2- wanted to eliminate Manjit Kaur. On 4.10.2007 the petitioner had asked Manjit Kaur to get ready as he would come along with his wife Amandeep Kaur and would pick her up. After some time the petitioner and his wife came in a car and took Manjit Kaur with them. Thereafter, the complainant inquired about the whereabouts of his sister from Jaswant Singh but no satisfactory reply was given to him. During investigation of the case, dead body of Manjit Kaur was recovered on 28.10.2007 from the canal on the basis of disclosure statement suffered by the petitioner. It further transpired during investigation that the petitioner had committed the murder of Manjit Kaur by strangulating her with the help of her dupatta and thereafter, her dead body was thrown in the canal. Learned counsel for the petitioner has submitted that the prosecution story was not supported by the medical evidence. The petitioner has been falsely involved in this case. In case, the petitioner had any grudge with regard to the illicit relationship of his wife with his father, he would either murdered his wife or his father and not his step mother. As per the prosecution case, the petitioner had strangulated the deceased and had, thereafter, thrown her dead body in the canal, whereas, as per the medical evidence, the death of Manjit Kaur had occurred due to poisoning. Learned State counsel, on the other hand, has opposed this petition. As per the Chemical Examiner Report (Annexure P-1), CHLOROCOMPOUND group of insecticides were detected in the contends of exhibits II, III, IV and V. On the basis of the said report, Criminal Misc. No.M-718 of 2009 -3- the doctor gave his opinion (Annexure P-2) that cause of death in this case was poisoning due to choloro compound group of insecticides, which was sufficient to cause death in the ordinary course of nature. However, on the other hand, prosecution story is that the petitioner had strangulated Manjit Kaur with the help of her dupatta and had, thereafter, thrown her dead body in the canal. The fact as to whether the petitioner had committed murder of his step mother or not would more appropriately be gone into and considered during trial Keeping in view the prosecution story and medical opinion, it would be just and expedient to release the petitioner on bail during the pendency of the trial as the petitioner is in custody since 26.10.2007 and the conclusion of trial will take time because it has been stated that now a de novo trial would start on account of summoning of the co-accused of the petitioner under Section 319 Cr.P.C. Accordingly without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Mansa. (SABINA) JUDGE May 14, 2009 anita