Criminal Misc. No. M-20904 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-20904 of 2009 Date of Decision: 25.08.2009 Gurnam Singh son of Jagir Singh resident of Village Wazidpur, Police Station Sadar Ferozepur, District Ferozepur. ... Petitioner Versus 1. The State of Punjab. 2. Wazir Singh son of Mohan Singh resident of Hastewala, Police Station Sadar Ferozepur, District Ferozepur. ...Respondents CORAM: HON'BLE MR. JUSTICE SHAM SUNDER Present: Mr. Bipin Ghai, Senior Advocate, with Mr. Sandeep Gahlawat, Advocate, for the petitioner. Mr. Vivek Chauhan AAG, Punjab, for the respondent – State. Mr. Nakul Sharma, Advocate, for the complainant. * * * This petition, under Section 439 of Cr. P.C.,for grant of regular bail, has been filed, by the accused-petitioner, in complaint case No. 120, dated 11.10.06, titled as Wazir Singh Vs. Gurnam Criminal Misc. No. M-20904 of 2009 2 Singh and others, pending in the Court of Additional Seesions Judge, Ferozepur, under Sections 109, 302, 304-B, and 497 read with Section 34 IPC. 2. I have heard the Counsel for the parties, and have gone through the record of the case, carefully. 3. The Counsel for the accused-petitioner, submitted that this is the second petition for regular bail, having been filed by the accused-petitioner, as his first petition for regular bail, was dismissed, on merits, vide order dated 28.07.08, when the case, was at the initial stage and by that time, the petitioner, had been in custody for two months only. He has further submitted that the statement of the complainant, in the trial Court, has already been recorded. He further submitted that the petitioner, has been in custody since 20.05.08. He further submitted that the death of the deceased, took place, on 11.04.06, but it was for the first time that on 28.04.06, an application was moved by the complainant, before the Senior Superintendent of Police, against the accused-petitioner, and his co-accused. He further submitted that enquiry into the application/complaint, made by the complainant, was conducted by the Police. He further submitted that, Annexure P3 report, was made by the Deputy Superintendent of Police, Ferozepur. He further submitted that the complainant, had made a statement in that enquiry, that he had no grievance, against any of the accused, and that he made the complaint/application, under some mis-conception. He Criminal Misc. No. M-20904 of 2009 3 further submitted that even affidavit annexure P4, in that regard, was sworn by the complainant. He further submitted that Panchayatnama P5, was also reduced into writing, wherein, it was recorded that the dead-body of Baljit Kaur, deceased, was cremated, in the preence of her father Wazir Singh, and other members of his family. He further submitted that, in the application dated 28.04.06, the complainant, did not make any mention of illicit relations. He further submitted that, thereafter, for the first time, on 11.10.06, the complainant filed a crimial complaint, in which, the petitioner, alongwith his other co- accused, was summoned. He further submitted that now Wazir Singh, complainant, has appeared, and he was confronted with his previous statements, and also the affidavit, regarding the improvements made by him. He further submitted that all the circumstances clearly proved that the accused-petitioner, was not at all responsible for committing the crime. He further submitted that the trial of the case, shall take a long time. 4. On the other hand, the Counsel for the respondent, submitted that the dead-body of Baljit Kaur, was cremated by the petitioner, and others, without informing her parents. He further submitted that, on account of that reason, the post-mortem, was not got conducted, on her dead-body. He further submitted that when, in the private hospital, Baljit Kaur, was admitted, the doctor found it was a case of poison. He further submitted that the Court of CJM, after going through the evidence, prima-facie, came to the Criminal Misc. No. M-20904 of 2009 4 conclusion, that there were sufficient grounds, for summoning the accused-petitioner, and his co-accused. He further submitted that the petitioner, alongwith his co-accused, was responsible for the death of Baljit Kaur, and, as such, was not entitled to bail. 5. After giving my thoughtful consideration, to the rival contentions, raised by the Counsel for the parties, in my considered opinion, it is a fit case, in which the bail, should be granted to the accused-petitioner, for the reasons to be recorded hereinafter. When the first bail application, was dismissed, the accused-petitioner, had been in custody only for two months. From the aforesaid documents, it is, at this stage, doubtful, as to whether, the accused-petitioner, had any role, in the commission of crime. No post-mortem examination, on the dead-body, was got conducted, so as to find out the exact cause of death. From the Panchayatnama, referred to above, it was prima-facie established, that the dead-body of Baljit Kaur, was cremated, in the presence of the complainant, and his other relatives. In case, they had any grievance, they could get the post-mortem conducted, on the dead-body. Even in the first application, moved by the complainant, before the Police, he did not allege, that the accused-petitioner, was having illicit relations, with his sister-in-law. Even in the affidavit, sworn by him, and referred to above, he did not raise any allegation of illicit relations of the accused-petitioner, with Taran Jit Kaur, wife of his elder brother or finding him, in compromising position. It was, for the first time that, in the Criminal Misc. No. M-20904 of 2009 5 complaint, he made such a statement. Annexure P8, copy of the statement of Wazir Singh, complainant, recorded in the trial Court, has been placed, on the record. He was confronted with his previous statements, and it was found, that he had made improvements on material points. The accused-petitioner, has been in custody since 20.05.08. The trial of this case, is not going to be concluded, in the near future. There is nothing, on the record, that the accused- petitioner, will abscond, tamper with the evidence, or influence the witnesses, if released, on bail. No useful purpose, shall be served by keeping the accused-petitioner, in custody, any longer. Criminal Misc. No. M-20904 of 2009, thus, deserves to be accepted. 6. For the reasons recorded above, Criminal Misc. No. M-20904 of 2009, is accepted. The accused-petitioner, is granted bail to the satisfaction of trial Court/CJM/Illaqa Magistrate, on furnishing bail bonds, in the adequate sum. Any observation made, in this order, shall not be taken, as an expression of mind, on merits of the case. 25.08.2009 (SHAM SUNDER) Amodh JUDGE