Criminal Misc. No.M-24379 of 2010 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-24379 of 2010 Date of decision : 13.9.2010 Sadhu Singh .....Petitioner Versus State of Punjab ...Respondent Present: Mr. T.S.Sangha, Senior Advocate with Mr. Narinder Singh, Advocate for the petitioner. Mr. V.P.S.Sidhu, Assistant Advocate General, Punjab S. S.SARON, J. Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offences under Sections 302, 120-B and 201 Indian Penal Code. The FIR in the case has been registered on the statement of Ravinder Singh who has alleged that his sister Manjinder Kaur was married with Surinder Singh alias Chhinda in the year 1997. They had two children from the said marriage. Surinder Singh alias Chhinda-the brother- in-law (Jija) of the complainant , it is alleged developed illicit relations with Paramjit Kaur who is younger sister of the complainant. Therefore, Manjinder Kaur who was married to Surinder Singh alias Chhinda objected to this. On this account, Surinder Singh alias Chhinda used to beat Manjinder Kaur, sister of the complainant but out of embarrassment she never disclosed this fact to any body. Since 12.2.2010, younger sister of the complainant namely Paramjit Kaur had disappeared and they came Criminal Misc. No.M-24379 of 2010 -2- **** to know that she has been taken away by Surinder Singh alias Chhinda brother-in-law (Jija) of the complainant. The complainant along-with his mother's sister's (Masi's) son Gurpreet Singh went to Moga. They associated one Bhupinder Singh and Rajwant Singh, who are their relatives and went to the house of Manjinder Kaur. There they came to know that even Manjinder Kaur was not at home. They also came to know that Surinder Singh alias Chhinda brother-in-law (Jija) of the complainant had got a report lodged in the police station about the disappearance of Manjinder Kaur, sister of the complainant. On further enquiry, the complainant came to know that Surinder Singh alias Chhinda, brother-in- law of the complainant in consultation with his mother Harbans Kaur, nephews Jagdeep Singh alias Goldy and Pardeep Singh and Paramjit Kaur, (younger sister of the complainant) had murdered Manjinder Kaur and with the help of his other associates had cremated the dead body at the Cremation Grounds at Sodian Wala. In this manner, Surinder Singh alias Chhinda, his mother Harbans Kaur, his nephews Jagdeep Singh alias Goldy, Pardeep Singh and Paramjit Kaur, (younger sister of the complainant) were responsible for the murder of Manjinder Kaur and others were responsible for the disappearance of the dead body. The petitioner has not been named as an accused in the FIR. However, in the extra-judicial confession of Surinder Singh alias Chhinda, which he is alleged to have made before Paramjit Singh, Pardhan he had stated that he had illicit relations with Paramjit Kaur and wanted to keep her in his house but his wife Manjinder Kaur was an obstacle and out of anger on 8.2.2010 at about 7 a.m. he strangulated his wife with a 'chuni' (veil). His mother (Harbans Kaur) also knew about it and they with the help of Sadhu Singh (petitioner) and his nephew Goldy Criminal Misc. No.M-24379 of 2010 -3- **** and others put the dead body in the car of the neighbours and cremated the dead body at the Cremation Grounds of Sodian. The role attributed the petitioner of cremating the dead body is on the basis of extra-judicial confession of Surinder Singh alias Chhinda which is stated to have been made before Paramjit Singh who is President of the Mistri Union. The role attributed to the petitioner is to be established by the prosecution and in any case the allegations against the petitioner are primarily with regard to destroying the evidence, which would amount to an offence under Section 201 IPC. The allegations against the petitioner that he was part of the conspiracy to kill Manjinder Kaur is to be established. The offence under Section 201 IPC is bailable. In the facts and circumstances of the case, this petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Moga, shall be admitted to bail. Nothing stated herein shall be construed as an expression of opinion on the merits of the case and the learned Trial Court shall consider the evidence and material as adduced before it. The Criminal Misc. petition stands disposed of accordingly. September 13, 2010 (S.S.SARON) Pka JUDGE