Crl. Misc No. M-20094 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-20094 of 2008 Date of decision : 10.03.2009 Jaswinder Kaur and another ....Petitioners V/s State of Punjab ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. JBS Gill, Advocate for the petitioners. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) This is a petition for grant of regular bail to the petitioners in case FIR No. 70 dated 23.03.2008 under Sections 304-B, 307, 498-A & 34 IPC, registered at police station Sadar, Hoshairpur on the statement of Paramjit Kaur, the mother of deceased Rajwinder Kaur. Rajwinder Kaur was married to one Kulbir Singh. On 22.03.2008 she was set on fire and died on 30.03.2008 due to burns. Counsel for the petitioners has argued that from the post-mortem report it was evident that present was a case of suicidal death. Nature of burns above the soles of both the feet showed that the deceased had committed suicide. This apart, there was no evidence to show that there was any allegation of demand of dowry against the petitioners. According to the counsel, petitioners who were parents of Kulbir Singh, had disinherited him from property and were separate in lodging and mess from him. Learned counsel for the State has however, vehemently Crl. Misc No. M-20094 of 2008 2 opposed the grant of bail to the petitioners. Counsel has submitted that there is no ground for releasing the petitioners on bail during the pendency of the trial as allegations against them are serious in nature. They are likely to tamper with the evidence and influence the witnesses if enlarged on bail. I have heard counsel for the parties and given careful thought to the facts of the case. Apart from the allegations leveled in the FIR the dying declaration of deceased Rajwinder Kaur was recorded by Additional Judicial Magistrate, Hoshiarpur on 24.03.2009. In her dying declaration Rajwinder Kaur stated that her mother-in-law poured kerosene oil on her and she was set on fire at about 10.00 p.m. She raised alarm but no efforts were made to save her except putting a blanket on her. On hearing her alarm and cries, neighbourers came and arranged a vehicle for taking her to hospital. According to the deceased, she was set on fire as she was not able to bear a child. Keeping in view the seriousness of the allegations against the petitioners and the fact that petitioners have been specifically attributed a role in the dying declaration by the deceased, I am of the considered view that there is no ground to enlarge them on bail during the pendency of the trial. The gravity of the offences alleged and the punishment they would entail are relevant while considering a prayer for grant of regular bail. I am of the considered view that within these parameters the petitioners are not entitled for bail pending trial. In view of the above discussion, this petition is dismissed. 02.04.2009 (RAJAN GUPTA) Ajay JUDGE