IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. -M No. 29331 of 2008 (O&M) Date of decision : January 06, 2009 Gurdev Kaur ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. SPS Sidhu, Advocate for the petitioner Mr. KD Sachdeva, DAG Punjab Pritam Pal,J. (Oral) Petitioner has brought this petition under section 439 of Code of Criminal Procedure for seeking regular bail in case FIR No. 57 dated 11.3.2007 under sections 302, 304-B, 498-A IPC registered at Police Station Baghapurana District Moga. The petitioner is mother-in-law of the deceased. She is alleged to have committed the murder of her daughter-in-law by setting her ablaze after pouring kerosene oil. The contention of the learned counsel for the petitioner is that the petitioner was arrested in this case on 17.3.2007. Ultimately after investigation of the case, the petitioner was challaned for commission of offence punishable under section 302 IPC. As observed by the trial court vide its orders dated 7.10.2008 and 17.8.2007, when the prosecution had already concluded its evidence against petitioner Gurdev Kaur, supplementary challan against her husband Harbans Singh was also Criminal Misc. -M No. 29331 of 2008 (O&M) -2- put in the court whereupon he has now been charge sheeted for commission of offence punishable under sections 304-B, 498-A IPC vide order dated 7.10.2008 and thus, a de-novo trial has now started in this case. In its order dated 17.8.2007, learned Additional Sessions Judge (trial court) had rejected bail application of the petitioner mainly on the ground that the trial of the case was not likely to take a long time. The petitioner is in custody in this case since 17.3.2007 and now in the aforesaid given facts and circumstances, the trial is likely to take a long time. In this case husband of the petitioner is stated to have been released on bail under section 438 Cr.P.C. Taking an overall view and without commenting on the merits of this case, the petitioner is ordered to be released on bail on her furnishing bail/surety bonds to the satisfaction of the trial court. Criminal Misc. is disposed of. ( Pritam Pal ) January 06, 2009 Judge 'dalbir'