Punjab-Haryana High Court
Sharanjit Kaur Alias Ripika vs State Of Punjab on 7 November, 2023
REENA
2023:PHHC:141948
202
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-22495-2023
Date of decision:- 07.11.2023
Sharanjit Kaur @ Ripika
...Petitioner
Versus
State of Punjab
...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Lupil Gupta, Advocate
for the petitioner.
Mr. IPS Sabharwal, DAG Punjab
HARPREET SINGH BRAR, J. (Oral)
1. Prayer in the present petition is made for grant of regular bail in case
FIR No. 275 dated 23.09.2022 registered under Section 306 of the Indian Penal
Code, 1860 at Police Station Sadar, Amritsar.
2. The aforesaid FIR was registered on the statement of the complainant,
who is wife of the deceased Kewal Singh on the ground that her husband Kewal
Singh was having illicit relationship with the petitioner for the last 5/6 years and
due to their illicit relationship they used to quarrel with each other and all the
family members restrained her husband from keeping the illicit relations with the
petitioner. On 23.09.2022, the complainant received a call from the present
petitioner Sharanjit Kaur that her husband is going to die by hanging himself and in
the meantime the mother-in-law of complainant also received a phone call and
thereafter her mother-in-law and other relatives reached the house of the petitioner
and found her husband hanging with the fan and he has committed suicide.
3. Learned counsel for the petitioner inter alia contends that no specific
instance has been given in the FIR with regard to any instigation on part of the
2023.11.07 18:28
| attest to the accuracy and
integrity of this order/ judgment
Chandigarh
REENA
2023:PHHC:141948
petitioner to attract the provisions of Section 306 IPC rather the ingredients of
abetment under Section 307 IPC are also missing completely. The challan in the
present case has already been filed on 21.11.2022 and there are 18 witnesses and
the trial of the case is likely to take long time.
4. Per contra learned State counsel opposes the grant of regular bail to
the petitioner and he places on record the reply filed by way of affidavit of
Varinder Singh Khosa, PPS, Assistant Commissioner of Police, North Amritsar.
The same is taken on record. Learned State counsel contends that death of the
husband of the complainant had taken place at the house of the petitioner as such
she has been rightly sent for trial in the final report under Section 173 Cr.P.C.
5. Having heard learned counsel for the parties and perusing the record,
this Court finds that it is a fit case for grant of regular bail to the petitioner keeping
in view the fact that the investigation is complete and the final report has already
been presented, no useful purpose would be served by keeping the petitioner
behind the bars indefinitely.
6. Accordingly, the petition is allowed. The petitioner is ordered to be
released on regular bail, subject to her furnishing bail/surety bonds to the
satisfaction of the CJM/Duty Magistrate concerned.
7. Nothing observed hereinabove shall be construed as expression of
opinion of this Court on merits of the case and the trial Court shall proceed without
being prejudiced by observations of this Court.
(HARPREET SINGH BRAR)
JUDGE
November 07, 2023
reena
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
2023.11.07 18:28
| attest to the accuracy and
integrity of this order/ judgment
Chandigarh
