IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-28061 of 2008 Date of decision : 18.02.2009 Kashmir Kaur ....Petitioner V/s State of Punjab ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Rakesh Dhiman, Advocate for the petitioner. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) Prayer in this petition is for grant of regular bail to the petitioner, in case FIR No. 23 dated 04.03.2008 registered under Section 302 read with Section 34 IPC at police station Makhu, district Ferozepur. Learned counsel for the petitioner submits that petitioner was neither named in the FIR nor any role was attributed to her anywhere. According to the counsel, the petitioner was arraigned as an accused on the basis of statement of one Jarnail Singh who allegedly over-heard the petitioner telling her sons that Mahal Singh S/o Chanan Singh, Caste Jat, R/o Buhgujra i.e deceased had been keeping a bad eye on her and many a times he had tried to molest and disgrace her as they were poor people. She, therefore, asked her sons to find an opportunity and kill the deceased. Learned counsel for the State does not dispute the fact that petitioner has been arrayed as an accused during the investigation only on the basis of statement of said Jarnail Singh. Counsel has made this statement, on instructions from ASI Jagtar Singh, who is present in Court. Crl. Misc No. M-28061 of 2008 -2- Learned counsel has also apprised this Court that the trial of the case is at an initial stage as charges have already been framed, however, prosecution evidence is yet to commence. Keeping in view the entire facts and circumstances of the case, particularly that petitioner is not named in the FIR and no role has been attributed to her and the fact that she has been arraigned as an accused during the investigation only on the basis of statement of said Jarnail Singh, I find it a fit case for grant of bail pending trial. Since the trial is at its initial stage, no useful purpose will be served by keeping the petitioner in custody during the pendency of the trial. This apart, petitioner being a lady and local resident it cannot be said that she is likely to abscond or tamper with the evidence. Bail to the satisfaction of Chief Judicial Magistrate, Ferozepur. 18.02.2009 (RAJAN GUPTA) Ajay JUDGE