Crl. Misc. No. M-31133 of 2011(O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-31133 of 2011(O&M) Date of Decision: November 30, 2011 Kulwant Kaur ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr.S.S.Sidhu Advocate for the petitioner *** Gurdev Singh, J. Heard. This petition under Section 439 of the Code of Criminal Procedure has been filed by Kulwant Kaur, petitioner-accused, for releasing her on bail for the offence under Section 302/34 IPC in respect of which FIR No. 70 dated 16.7.2010 was registered in Police Station Bareta, District Mansa, and for which she is standing her trial, along with her co- accused, before Sessions Judge, Mansa. She has contended therein that she has been falsely implicated and frivolous story has been made in the FIR, which is the result of due deliberations and consultations. That version is also improbable and unbelievable. The presence of the petitioner at the Crl. Misc. No. M-31133 of 2011(O&M) -2- alleged time of occurrence, which was midnight, is also highly improbable. Moreover, while making his statement in the Court as PW-2, she has improved her earlier version. According to her, the petitioner was only holding the arms of the deceased while he was being strangulated by the other accused. There is no other eye witness of this occurrence, though the alleged place of occurrence is surrounded by residential houses. The prosecution story, as incorporated in the FIR, is that the petitioner was being kept by the deceased with him as his keep from the last eight years and she was also having a son, Gurpal Singh, from her first marriage, which was performed with Janta Singh. On the night intervening 15/16.7.2010, at about 12/12.30 a.m., she was seen sitting on the chest of the deceased, while he was lying on the cot in the warrandah of the house and Gurpal Singh was found strangulating him with the help of a plastic rope. When they were challenged by Harpal Singh, complainant, on whose statement the FIR was recorded, they managed to escape from the spot. It was also narrated in the FIR that the accused had the motive to cause the death of the deceased as they wanted to usurp the money and other house hold articles. Learned counsel for the petitioner has pressed this petition on the ground that the version, as given in the FIR, is improbable and the complainant while making his statement in the Court as PW-2, has not only improved his previous version but has deposed about such facts which are totally in contradiction of the prosecution version and made a U-turn in the story put forward by him. He also submitted that the charge against the accused was framed in the year 2010 and so far only one witness has been examined and there is no possibility of the conclusion of the trial at an early Crl. Misc. No. M-31133 of 2011(O&M) -3- date and that the petitioner-accused is coming in custody since July, 2010. He has referred to the statement of the complainant, PW-2, which has been recorded during the trial. At this stage of deciding this bail application, evidence of the prosecution is not to be interpreted meticulously. The Court is only to find out whether the allegations, so levelled against the petitioner, are prima facie correct. No such improvement or contradiction has crept in the statement of the complainant which totally demolishes his version and which was the basis of the FIR. As per the version put forward by him, the present petitioner was sitting on the chest of the deceased holding his arms thereby, helping her co-accused, who was strangulating the deceased with the help of a plastic rope. There are reasonable grounds for believing that the present petitioner committed the offence under Section 302 read with Section 34 IPC. No doubt, there may be some delay in the conclusion of the trial but that alone cannot be a circumstance for extending the benefit of bail to the petitioner. No ground is made out for releasing the petitioner on bail. Dismissed. (GURDEV SINGH) JUDGE November 30, 2011 PARAMJIT