CRM-M No. 34025 OF 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: February 08, 2011 1. CRM-M No. 34025 OF 2010(O&M) **** Malkiat Singh alias Happy vs. State of Punjab 2. CRM-M No. 34748 of 2010(O&M) **** Harpreet Kaur vs. State of Punjab Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. R.S.Thakur, Advocate for the petitioner in CRM-M No. 34025 of 2010. Mr.Sandeep Arora, Advocate for the petitioner in CRM-M No. 34748 of 2010. Mr. Gazi Mohammad, DAG, Punjab. Mr. Raj Karan Singh, Advocate for Mr. Vipin Mahajan, Advocate for the complainant. **** Ajay Tewari, J.(Oral) These two petitions bearing CRM-M Nos.34025 and 34748 of 2010 for the grant of regular bail arise out of the same FIR bearing No. 12 dated 16.01.2010, under Section 302/34 IPC, registered at Police Station Dhariwal, District Gurdaspur and thus are being disposed of by this common order. As far as allegations against petitioner Harpreet Kaur are concerned, it is alleged that she was having an affair both with the co- petitioner and the deceased and at the instance of the co-petitioner lured the deceased to her house where he was killed by the co-petitioner. She has been in custody since 17.01.2010. However, apart from the fact that she is CRM-M No. 34025 OF 2010(O&M) 2 alleged to have made a few calls to the deceased on the early morning of his death, no other material has come against her(except for an extra judicial confession). In these circumstances I deem it appropriate to grant the concession of bail to petitioner Harpreet Kaur who shall be released on bail to the satisfaction of the learned trial Court. As regards petitioner Malkiat Singh alias Happy, there is some evidence which tends to directly inculpate him. Learned counsel for petitioner Malkiat Singh alias Happy has argued that this evidence was procured three days after the arrest of the petitioner only in order to bolster the case of the prosecution. In my opinion this factor can be best considered by the learned trial Court. Learned DAG has further argued that the main witnesses have been examined and only formal witnesses remain to be examined. Keeping in view this fact I deem it appropriate to decline bail to petitioner Malkiat Singh alias Happy and issue a direction to the learned trial Court to conclude the trial within six months. Both the petitions stand disposed of accordingly. Since the main petitions have been decided, the CRM, if any, shall also stand disposed of. Let a copy of this order be placed on the file of connected CRM-M No. 34748 of 2010. ( AJAY TEWARI ) JUDGE February 08, 2011 sunita