Crl. Misc. No. M-15579 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-15579 of 2010 (O&M) Date of decision: August 19, 2010 Kaushalya Devi ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Navkiran Singh, Advocate, for the petitioner. Mr. AS Brar, Sr. DAG, Punjab. GURDEV SINGH, J. Crl. Misc. No. 42715 of 2010 Heard. Crl. Misc. is allowed subject to all just exceptions. Crl. Misc. No. M-15579 of 2010 Petitioner-Kaushalya Devi, has filed this petition under Section 439 of the Criminal Procedure Code for grant of regular bail in FIR No. 16 dated 27.1.2010 registered at Police Station City Mansa, District Mansa, under Sections 304-B IPC. This FIR was got registered by Krishan Kumar, father of Poonam Rani-deceased, who was married to Pardeep Kumar son of the present petitioner in the month of April, 2008. He narrated therein that the present petitioner, husband of the deceased, and his other relations had been making demand of a Zen car, which he could not meet on account of his financial position. The deceased was turned out of the matrimonial Crl. Misc. No. M-15579 of 2010 2 home when the demand was not fulfilled. However, he got her settled in her matrimonial home. At the time she gave birth to a son, he had given gift of one gold set to the accused and even at that time the demand for the Zen car was raised. On 26.1.2010, he was told on the mobile phone by the deceased that she had been given beatings by the present petitioner and other accused. Immediately he went to the house of the accused and came to know that the deceased was admitted in the Civil Hospital, Mansa. By the time he reached that place, she had already died. The present petition has been pressed by the learned counsel for the petitioner on the ground that during the inquest proceedings, the complainant never came out with such a version. In fact, the deceased had received the injuries after fall from the roof of the house, while she was removing the clothes and that she had been living happily with her in-laws and that there was no demand by them at any stage. He also submitted that the petitioner is a lady, suffering from permanent disability to the extent of 40% and cancer, for which she is getting regular treatment. The death of the deceased took place on 26.1.2010 and the inquest proceedings were taken by the investigating agency. During those proceedings, the statements of the complainant and others were recorded and they had come out with the version that the death of the deceased had taken place as a natural fall from the roof. On the very next day, the complainant came out with a different version and got lodged the FIR. This petition is being disposed of taking into consideration the fact that the petitioner is a woman and is suffering from cancer. As per the certificate (Annexure P/7), she is physically handicapped and is having 40% permanent disability. As per the history, as contained in Annexure P/8, she Crl. Misc. No. M-15579 of 2010 3 is suffering from breast cancer. Though the complainant got incorporated in the FIR that it was disclosed to him by the deceased that the present petitioner, alongwith the others, gave beatings to her but no specific part has been attributed to the petitioner. Keeping in view the above said facts and without expressing any opinion on the merits of the case, the petitioner is ordered to be released on bail to the satisfaction of the CJM, Mansa, subject to the following conditions:- (ii) She shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and (ii) She shall not leave the limits of this country without prior permission of the Court. August 19, 2010 (GURDEV SINGH ) prem JUDGE