Criminal Misc. No. M 34288 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M 34288 of 2009(O&M) Date of decision: 8-1-2010 Harjinder Kaur and another .........Petitioners Vs State of Punjab .........Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present: Shri R.S.Sihota, Senior Advocate with Shri B.R.Rana, Advocate, for the petitioners Shri K.D.Sachdeva, Additional A.G. Punjab HARBANS LAL, J. This petition has been moved by Harjinder Kaur as well as Sukhwinder Pal Kaur under Section 439 Cr.P.C. seeking their regular bail in case F.I.R. No. 35 dated 21.7.2009 under Section 306 IPC, Police Station Mehal Kalan, District Barnala. The facts in brief are that this case has been registered on the basis of complaint submitted by Bhagat Singh containing allegations that he was working as a sewadar in Gurudwara Sahib Kurar. His family consists of his wife Jaspal Kaur and two daughters namely Harpreet Kaur and Amarjot Kaur aged about 14 and 11 years respectively. Jagtar Singh is putting up in their neighbourhood. He has three sons namely Sukhwinder Singh alias Bindri, Baljit Singh alias Gagru and Sikandar Singh besides three daughters namely Harjinder Kaur, Nikki and Harjit Kaur. His wife Gurmail Kaur is also residing with him. Sukhwinder Singh alias Bindri and Baljit Singh alias Criminal Misc. No. M 34288 of 2009(O&M) 2 Gagru, Harjinder Kaur, Nikki and Gurmail Kaur used to enter into brawls with his wife who was being embarrassed by them by levelling false allegations. During the month of June, 2009 he was rendering services in lungar at Gurudwara Sahib Hemkunth Sahib. On 15.6.2009 the accused forced their entry into his house and gave beating to his wife and minor daughter. His wife accompanied by Jawahar Dass and Rupinder Singh reported the matter to the police at Police Station Mehal Kalan. A compromise was got effected by the panchayat. Thereafter, on 16.6.2009 in the evening the accused hurled filthy abuses on his wife as also his minor daughter. Sukhwinder Singh and his brother Baljit Singh also gave filthy abuses on his mobile phone. On 13.7.2009 the accused committed murder of his wife and with intention to make the murder look suicide, accused wrapped a chunni around the neck of his wife and hanged her with the fan in the deori. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. The learned counsel for the petitioners submitted that it surfaced during the inquiry conducted by the D.S.P. Mehal Kalan that the accused used to twit and taunt the deceased and thus abetted the commission of suicide. Thus, the case was registered under Section 306 IPC. Mere alleged taunting would not constitute abetment. There being no ocular account of the occurrence, no case is made out against the petitioners. To tide over these submissions, the learned State counsel maintained that during inquiry, the petitioners were found guilty and that being so, they have been charged under Section 302 IPC and alternatively Criminal Misc. No. M 34288 of 2009(O&M) 3 under Section 306 IPC. If they are released on bail, they may abscond and tamper with the prosecution evidence. I have well considered the rival contentions. The trial is not likely to be concluded within a measurable distance of time. Bail to the satisfaction of the Chief Judicial Magistrate, Barnala. (HARBANS LAL) JUDGE January 8, 2010 RSK NOTE: Whether to be referred to the Reporter or not? Yes/No