Citation : 2022 Latest Caselaw 17328 P&H
Judgement Date : 20 December, 2022
SANDEEP 2022.12.18 22:14 CRM-M-57397-2022 -l- 104 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-57397-2022 Date of Decision:- 20.12.2022. JASPREET KAUR ALIAS PREETI ALIAS LACHHMI ....Petitioner Vs. STATE OF PUNJAB .. Respondent CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Shehbaz Thind, Advocate for the petitioner. Mr. Kunwarbir Singh, AAG Punjab. 36 2 3k ok 3k AMARJOT BHATTI, J. (Oral)
The petitioner -- Jaspreet Kaur @ Preeti @ Lachhmi has filed the instant petition under Section 438 CrP.C. for grant of anticipatory bail in FIR No.3 dated 03.01.2022 under Sections 304-B and 120-B of IPC, registered at Police Station Moti Nagar, District Ludhiana.
As per the facts of the case the Ghansham Sharma, father of the deceased victim gave his statement to the police that his daughter i.e. victim aged about 23 years got married with Gagandeep son of Surender about 1'4 years ago. He had given dowry as per his capacity. After some time of marriage her husband started beating her and told her to get money
from her parents. At times, he refused to give money and it caused a lot of
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SANDEEP 2022.12.18 22:14
trouble to the victim. At times they used to satisfy some of the demands. She was taunted by her husband and even by the other in-laws family. She was kept in the parental house and she was again sent back to the matrimonial home where she was again ill treated by her husband - Gagandeep, mother-in-law Mohni and sister-in-law jethani Preeti. On 02.01.2022 his son received call from Mohindervir Singh that the victim had a quarrel with her husband and she was not opening the door of bed room. On 03.01.2022 Gagandeep called his son Lucky at 9.05 am and disclosed that the victim had committed suicide. They reached the matrimonial home of his daughter where the dead body was lying on a bed and there were marks of injury on her neck and body. With these allegations the present FIR has been registered under Section 304-B and 120-B IPC.
Learned counsel for the petitioner argued that she is sister-in- law of the deceased victim. The allegations against her are vague. She had no concern with the married life of victim and her husband Gagandeep. She is ready to abide by the terms of the bail order. It is prayed that her anticipatory bail application may be allowed.
The status report is filed by learned counsel representing the State. It is pointed out that the allegations against the petitioner and other co-accused are serious in nature. The petitioner is evading the process of law. The efforts are being made to arrest her but she is absconding. She has not joined the investigation till date. In order to find out the truth her custodial interrogation is required. Therefore, her anticipatory bail may be dismissed.
I have considered the arguments and have gone through the
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SANDEEP 2022.12.18 22:14
record carefully. In this case, the victim got married about 1'4 years ago with Gagandeep where she was residing with her husband and in-laws family. There are specific allegations of maltreatment on account of demand of dowry and cash amount. Ultimately, the victim died unnatural death in the matrimonial home. The petitioner is sister-in-law jethani of the deceased victim who was also residing in the same house.There are specific serious allegations against the present petitioner who has not joined the investigation till date.
Under these circumstances in case the petitioner is released on anticipatory bail then the investigation of this case will be adversely effected. Considering the specific allegations and the aforesaid facts, it is not a fit case to grant relief of anticipatory bail to the petitioner and the same is, accordingly, declined.
The anticipatory bail application is disposed of, accordingly.
20.12.2022 (AMARJOT BHATTI) snd JUDGE
Whether speaking/reasoned: Yes/No.
Whether reportable: Yes/No
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