Criminal Misc. No.M-28981 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-28981 of 2009 Date of decision: 11.1.2010 Jaipal Arora @ Ramesh Kumar ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.T.S.Sangha, Sr. Advocate with Mr.Sharwan Sehgal, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. Mr.P.S.Hundal, Sr.Advocate with Mr.Dinesh Trehan, Advocate, for the complainant. **** SABINA, J. Petitioner- Jaipal Arora @ Ramesh Kumar filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 129 dated 26.6.2009, under Sections 304-B/ 120-B of the Indian Penal Code registered at Police Station Model Town Ludhiana, District Ludhiana. Prosecution case, as per the FIR reproduced in para 5 of Criminal Misc. No.M-28981 of 2009 2 the petition, reads as under:- “I am resident of above said address. I have a son by the name Ankush and daughter by the name of Neha who is 28 years old. My daughter Neha's Rokha was done on February 2, 2007 with Vanit Arora son of Jai Pal Arora, resident of 180, Bharat Nagar, near Canara Bank, Ludhiana as per Hindu rites. At the time of Rokha, we gave Rs. 31,000/- and a gold chain weighing 2 ½ tolas to a body. Rs. 11,000/- were paid to boy's father Jai Pal Arora and Rs. 11,000/- to the boy's mother Raj Rani. His brother and Bhabhi were given Rs.5100/- each and there were about 40 more relatives which were given Shagun. My daughter's birthday was 16th February 2007. Her in- laws family came and we gave Rs.5100/- to each one of them and gave a Titan watch to the boy. On 19th April, 2007, we organized shagun of our daughter Neha at Shenai Palace, Ludhiana, where the boy was given Rs.31,000/- and a Swift car as Istri Dhan. We also gave shagun to other relatives also. We spent about Rs. 4 ½ lacs on this ceremony on 20th April, 2007. We performed marriage of our daughter at Malhotra Palace as per Hindu rites in which our daughter Neha was given 4 sets of gold weighing 17 tolas, 8 bangles weighing 11 tolas, 2 karas, weighing 8 tolas, a bracelet for the boy weighing 4 tolas, Criminal Misc. No.M-28981 of 2009 3 one gold chain weighing 2 ½ tolas, 2 locket 2 tolas, 2 rinds diamond and gold. Mother-in-law Raj Rani was given one set of gold weighing 4 tolas, father-in-law Jai Pal Arora was given one gold chain weighing 2 tolas, one ring to jeth Puneet Arora weighing 2 tolas and a gold chain weighing 2 tolas and gave electrical goods worth Rs. 1 lac as Istri Dhan. At Malhotra Resort, we spent Rs. 4 ½ lacs. After the marriage, her husband Vanit Arora, mother-in-law Raj Rani, father-in-law Jai Pal Arora, jeth Punit Arora started harassing her. They started saying that her parents have not spent money on her marriage as per their status and that ever since she came to their house their business is deceasing. We have suffered loses in share Bazar and that if she wanted to remain happy in his house, she should bring Rs. 3 lacs from her parents. My daughter came to us and told this thing in March, 2008. We counseled our son-in-law Vanit Arora and his parents that we had already spent on the marriage beyond our means and we counseled our daughter to bear all this for the sake of the prestige of her family and after sometime everything will turn for the good. Out of this wedlock, my daughter gave birth to a daughter on June 24, 2009 in Deep Hospital, where expenditure on medicine etc. was borne by me. Now my Criminal Misc. No.M-28981 of 2009 4 daughter's husband Vanit Arora and his mother-in-law Raj Rani and father-in-law Jai Pal Arora were raising a demand of Rs. 10 lacs. We talked about this with our neighbour Amarjit Sharma who said that let the gild be discharged from the hospital then a panchayat would be convened and we would talk about this. On 25.6.2009 at about 10.30 p.m. my son-in-law Vanit Arora, father-in-law Jai Pal Arora, mother-in-law Raj Rani told that we should go home and that they will look after our daughter. We believed them and my son and my husband came back to our house. Today at 9.30 a.m. Neha's mother-in-law Raj Rani made a telephone call to us that Neha has fallen down and gone unconscious. On this information, I and my son Ankush Magan along with my husband went to Deep Hospital, Model Town, Ludhiana, where we came to know that Neha had already died. I fully believed that my daughter Neha has been done to death by her husband Vanit Arora, mother-in-law Raj Rani, jeth Punit Arora with prior consultation by either mentally torturing her or by administering something or by beating her.” Learned senior counsel for the petitioner has submitted that the cause of death was opined to be due to post operation cardio respiratory arrest. The deceased had died in the hospital after delivery of a female baby. The petitioner was not even present at the Criminal Misc. No.M-28981 of 2009 5 spot at that time. Learned State counsel, who is assisted by learned senior counsel for the complainant, has submitted that as per the report of Dr.J.S.Dalal, Rajindera Hospital, Patiala, it was a case of strangulation and hence, the petitioner is not entitled to be released on bail. Deceased Neha delivered a female baby on 24.6.2009. However, she died on 26.6.2009 in the private hospital. The cause of death was opined by the doctor as post operation cardio respiratory arrest. During investigation, the Investigating Agency recorded the statement of Dr.Aruna Dhar, Amandeep Kaur, staff nurse and Geeta, helper. All the said witnesses were working with the Deep Hospital, Ludhiana. As per the said witnesses, the deceased had gone to the bathroom and her mother-in-law came out shouting that Neha had fallen in the bathroom and doctor be summoned. Thereafter, Neha was shifted to Intensive Care Unit, where in spite of best efforts by the doctors, she could not be saved. The Civil Hospital, Ludhiana gave the following report after post mortem examination:- “The cause of death in this case in our opinion is kept pending which will be declared after the receipt of Chemical Examiner's Report from Kharar and histopathology report from Patiala.” Thereafter, after receipt of report of Chemical Examiner Criminal Misc. No.M-28981 of 2009 6 and histopathology, the following report was given by the Board of doctors at Ludhiana:- “In our opinion, the cause of death in this case is due to asphyxia which is ante mortem and sufficient to cause death in an ordinary course of nature but exact cause of asphyxia could not be ascertained with surety, for which opinion from Forensic Expert may be taken.” Thereafter, Dr.Jagjiv Sharma, Professor and Head, Department of Forensic Medicine, Christian Medical College, Ludhiana gave the following report on 7.9.2009:- “After going through the record of post mortem, Chemical Examiner's Report, Histopathology Report and hospital record of the case, I am of the opinion that death is not due to poisoning or any fatal injury. However, death due to post operative asphyxia due to pulmonary embolism cannot be ruled out.” Thus, in the present case, the medical opinion was that the death due to post operative asphyxia due to pulmonary embolism could not be ruled out. However, as per the report submitted by Dr.J.S.Dalal, asphyxia was due to strangulation, which was anti mortem in nature. During the pendency of the proceedings, report was also furnished by Deputy Superintendent of Police, Atam Nagar, Ludhiana (City), which was concluded as under:- “From the open and secret inquiry conducted by me till Criminal Misc. No.M-28981 of 2009 7 now and the statements it has come to light that in order to clarify the cause of death of deceased Neha Arora, the post mortem report along with other documents were sent to Rajindra Hospital, Patiala on 7.9.2009. Dr. J.S.Dalal on the basis of Symptoms given in the post mortem report, injury No.1 and 2 and medical document clarify the cause of death as strangulation. Apart from it, from the perusal of the call details of the father of Neha namely Ramesh Kumar 9814438807, the mobile of Raj Magoo, Reporter Punjab Kesri 9815500433, minister Tishan Sood 9814701105, it is clear that they kept on talking on the mobile number 98144-41732 of Dr.J.S.Dalal, whereas during this period, the report in connection with clarifying the cause of death was pending with Dr.J.S.Dalal. This report has been prepared on 10.9.2009 by Dr.J.S.Dalal of Rajindra Hospital, Patiala. From the perusal of the calls details it is proved that the family members of deceased Neha kept on regularly talking with Dr.J.S.Dalal.” Thus, the initial report regarding the cause of death of the deceased was post operative asphyxia due to pulmonary embolism. Thereafter, Dr.J.S.Dalal of Rajindra Hospital opined that the death was due to strangulation. It would be seen during the course of trial as to which of the medical report is correct. The petitioner has remained in custody for the last about six months. Criminal Misc. No.M-28981 of 2009 8 Prima facie the petitioner was not present at the spot when the deceased Neha suffered the cardio respiratory arrest. In the facts and circumstances of the present case, it would be just and expedient to release the petitioner on bail. 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, Ludhiana. (SABINA) JUDGE January 11, 2009 anita