Crl. Misc No. M-24209 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-24209 of 2009 Date of decision : 04.11.2009 Malkiat Singh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. M.S. Uppal, Advocate for the petitioner. Mr. Shailesh Gupta, DAG Punjab for the respondent/State. RAJAN GUPTA J. (ORAL) This is a petition under Section 439 Cr.P.C. seeking regular bail to the petitioner in a case registered vide FIR No. 95 dated 17.07.2008 under Sections 304-B IPC IPC at Police Station Bhikhi, District Mansa. The FIR was lodged on the statement of Jaspal Singh who stated that his daughter Jaswinder Kaur was married to Sukhpal Singh a year back. The complainant spent about Rs. 3 lacs on the marriage yet her son-in-law Sukhpal Singh used to harass his daughter for demand of more dowry. The son-in-law of the complainant and the petitioner (father-in-law) demanded money on the asking of middle man Amarjit Singh. On 16.07.2008, daughter of the complainant died of burn injuries due to which the instant case was registered against the petitioner and his son. Learned counsel for the petitioner has argued that petitioner has been in custody since 17.07.2008 and the case is at the stage of recording of Crl. Misc No. M-24209 of 2009 2 prosecution evidence, thus, no useful purpose would be served by detaining the petitioner in custody during the pendency of the trial. According to the counsel, the petitioner is a 40% disabled due to the fact that he had donated his one kidney. He has relied upon certificate, Annexure P-1 in support of his contention. Learned counsel for the State (on instructions from ASI Darshan Singh, who is present in court) has submitted that 05 prosecution witnesses have already been examined and 14 more prosecution witnesses still remain to be examined. Learned counsel has, however, opposed the prayer for grant of bail to the petitioner on the ground that there are direct allegations against the petitioner. However, without expressing any opinion on the merits of the case and keeping in view the fact that petitioner is stated to be disabled and has been in custody since 17.07.2008, I am of the considered view that petitioner deserves to be released on bail. Accordingly, the petition is allowed and the petitioner is directed to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Mansa. 04.11.2009 (RAJAN GUPTA) Ajay JUDGE