Crl.M.No.28421-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.28421-M of 2010 Date of Order: 7.10.2010 Ujagar Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: None for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.36 dated 18.3.2010 under Sections 302/148/149 IPC, P.S Bholath. Petitioner is stated to be 87 years old father-in-law of deceased- Kamaljit Kaur(sister of the complainant). As per allegations in the FIR, petitioner along with co-accused is alleged to have given beatings to said daughter-in-law/Kamaljit Kaur on her claiming share from the ancestral land, which has resulted into her death. Learned counsel submits that after the occurrence on 14th of March, 2010 at 6.00 p.m, Kamaljit Kaur (since deceased) was removed to Civil Hospital, Bholath by her brother-complainant. She thereafter died on 17th of March, 2010 in the Civil Hospital, Bholath while being in the company of her relatives. By referring to the Chemical Examiner's report Crl.M.No.28421-M of 2010 #2# dated 22.4.2010 (P.4) it is contended that the cause of her death is due to poison i.e Organophosphorus compound pesticide was detected in the viscera of Kamaljit Kaur (since deceased). He further submits that even otherwise in the FIR, only lalkara is attributed to the petitioner. Learned state counsel has not been able to controvert the cause of death of the deceased-Kamaljit Kaur. Without expressing any opinion on the merit of the case and taking into account old age of the petitioner and that the trial is not likely to conclude in near future, I find that no useful purpose would be served to keep the petitioner in custody any longer. Accordingly, petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Kapurthala. October 07, 2010 ( JASWANT SINGH ) manoj JUDGE