[Cites 0, Cited by 0]
Punjab-Haryana High Court
Jaswinder Kaur vs State Of Punjab on 24 March, 2026
CRM-M-70364-2025 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
126
CRM-M-70364-2025 (O&M).
Date of decision: 24.03.2026.
JASWINDER KAUR
...Petitioner(s)
VERSUS
STATE OF PUNJAB
...Respondent(s)
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present :- Mr. P.K.S. Phoolka, Advocate,
for the petitioner.
Mr. Mohit Kapoor, Sr. DAG, Punjab.
VINOD S. BHARDWAJ, J. (Oral)
This is the first petition filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the petitioner in
case bearing FIR No.0159 dated 16.10.2024, under Section(s) 103, 109, 3(5)
and 61(2) of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station
Talwandi Sabo, District Bathnda, Punjab.
Status report on behalf of respondent-State has been filed in the
Court today. A copy thereof has been supplied to the counsel for the petitioner.
The aforesaid FIR was registered on the statement of Sukhjivan
Singh son of Kulwant Singh resident of village Kalala, District Bathinda,
which reads thus: -
1 of 5
CRM-M-70364-2025 (O&M) -2-
"I am resident of above said address and doing the work
of agriculture and my sister Manjit Kaur solemnized with
Sukhpreet Singh son of Dhan Singh, resident of Tharaj, District
Sirsa and sister-in-law of my sister namely Sukbir Kaur was
earlier married with Jagtar Singh son of Amar Singh, resident of
village Jeewan Singh wala last 14 years ago. They are having
two sons and sister-in- law of my sister Sukhbir Kaur is having
matrimonial dispute arisen between her husband Jagtar Singh
for the last 2-3 years and from about 06 months ago sister-in-law
of my sister is living in her paternal house in village Tharaj. The
younger son of Sukhbir Kaur is living with her and the elder son
was living with his father at village Jeevan Singh Wala and the
reason for the dispute between them Nirmaljit Kaur wife of
Jagtar Singh resident of village Vare, District Mansa had illicit
relations with Jagtar Singh and Jagtar Singh had taken Nirmaljit
Kaur as his wife and kept her at home, so all of our relatives had
gathered and explained it to him a lot and today our relatives had
gathered too and I, along with my sister Manjit Kaur, wife
Sukhpreet Singh and my brother-in-law Sukhpreet Singh being in
army, his uncle Gursewak Singh alias Sewa son of Karnail Singh
and second uncle Ran Singh son of Karnail Singh, my brother-
in-law Sukhpreet Singh's mother Gurmeet Kaur, along with my
sister's sister in law. had came to Jagtar Singh's house in village
Jeevan Singh Wala and Sukhbir Kaur and Jagtar Singh were
talking to settle their mutual dispute, so the time at around 02:30
03:00 PM in the afternoon that we all knew that we were
explaining to Jagtar Singh that you should leave Nirmaljit Kaur's
and get settled your house with Sukhbir Kaur, that upon this
Jagtar Singh and Nirmaljit Kaur got angry and Nirmaljit Kaur
said that this is ours. Who are the ones who separate us from
each other and along with them Jagtar Singh's mother Jaswinder
Kaur, wife of Amar Singh, started abusing us and said that it has
been 6 months they are harassing us and create scene by brigning
2 of 5
CRM-M-70364-2025 (O&M) -3-
the panchyat. Today, we are just giving them a hard time every
day. Then Nirmaljit Kaur and Jaswinder Kaur entered the room
and took out a 12-bore gun hockey type rifle from inside, which
was earlier loaded. Jaswinder Kaur handed the rifle to his son
Jagtar Singh and said that finish the dispute then Jagtar Singh
after getting 12-bore rifle from mother Jaswinder Kaur and fired
directly at his wife Sukhbir Kaur. The pallet hit in her backside.
Then he fired another pallet our side. The pallet hit my sister
Manjit Kaur and me also. We got injured and fell down. Then all
the persons were handling us then in the meantime all these
persons ran away from the spot with their respective weapons
and then our family after arranging the vehicle got us admitted
in the civil hospital Talwandi Sabo, on which I came to know that
sister-in-law of sister Sukhbir Kaur was declared dead by the
doctors and my sister Manjit Kaur was being taken to higher
Institution Bathinda for advanced treatment and pallet was hit
on my right ear I am under treatment I had came to the
knowledge that from which 12 bore rifle with which Jagtar Singh
had fired upon us at that riffle belongs to Amar Singh father of
Jagtar Singh That rifle is the license weapon, Amar Singh has
died and they have till date concealed the weapon. My sister
Sukhbir Kaur's husband Jagtar Singh has kept Nirmaljit Kaur as
his second wife at his house whom along with sister Gagandeep
Kaur whom her kept with her consent her sister, her husband
Ranjit Singh son of Ajaib Singh resident of Gadrana district Sirsa
and it was on their request that Jagtar Singh had thrown Sukhbir
Kaur out of the house and even today also Gagandeep Kaur and
Ranjit Singh had came to village Jeevan Singh Wala and Jagtar
Singh was instigation others and it was with the consent of these
two that this whole incident happened. The reason for the enmity
is that Jagtar Singh had taken Nirmaljit Kaur to his house. Jagtar
Singh is illegally keeping his second wife and regarding this
matter Jagtar Singh was having a dispute with his earlier wife
Sukhbir Kaur and for resolving this dispute we all came to the
3 of 5
CRM-M-70364-2025 (O&M) -4-
village Jeevan Singh Wala. Where Jagtar Singh has opened fire
upon us. Thus, Strict legal action taken against Jagtar Singh son
of Amar Singh, Jaswinder Kaur wife of Amar Singh, resident of
Jeevan Singh Wala, Nirmaljit Kaur wife of Jagtar Singh resident
of village Vare, district Mansa, Gagandeep Kaur wife of Ranjit
Singh and Ranjit Singh son of Ajaib Singh resident of village
Gadrana district Sirsa Haryana Statement given heard correct."
Learned counsel appearing on behalf of the petitioner contends
that allegations against the petitioner are to the effect that she fetched the
weapon lying under the ironing table in the bedroom of Jaswant Singh to the
bedroom of co-accused Jagtar Singh (her son) and handed it over to Jagtar
Singh. He contends that the son of the petitioner namely Jagtar Singh
thereafter fired from the said weapon causing injury to the deceased Sukhvir
Kaur while injuries were also caused to Sukhjiwan Singh and Manjit Kaur as
well. He contends that the petitioner is a woman aged 53 years and has no
criminal antecedents. He contends that it is highly improbable that the
petitioner would go to the bedroom of her son after fetching the weapon from
the ironing table lying in the bedroom of Jaswant Singh. He contends that the
petitioner has been nominated as an accused since the matrimonial life of
Jagtar Singh was not going well with Sukhvir Kaur (since deceased) and said
Jagtar Singh was allegedly living with one Nirmaljit Kaur. It is submitted that
the investigation in the case is already complete and that the petitioner is in
custody since 17.10.2024 and only 05 witnesses out of total 31 witnesses cited
by the prosecution have been examined so far. He contends that the petitioner
has already undergone an actual custody of nearly 1½ years. He submits that
there is no likelihood of the petitioner tampering with the prosecution
4 of 5
CRM-M-70364-2025 (O&M) -5-
evidence or fleeing from the process of law.
State counsel, on the other hand, does not dispute the facts
noticed above but contends that the petitioner had brought the weapon which
was used by Jagtar Singh in commission of the offence, hence, her
participation in the offence stands established. The criminal antecedents of the
petitioner, stage of the trial as well as period of custody undergone by the
petitioner are, however, not disputed.
Having heard the counsel for the respective parties and without
commenting anything on the merits of the present case, taking into
consideration the nature of allegations against the petitioner, the period of
custody already undergone by her, the stage of the trial, her age as well as
clean antecedents, the present petition is allowed. The petitioner is ordered to
be released on bail on her furnishing requisite bail bond/surety bond to the
satisfaction of the Trial Court/Duty Magistrate, concerned.
It is made clear that the petitioner shall not extend any threat and
shall not influence any prosecution witnesses in any manner directly or
indirectly.
The observation made hereinabove shall not be construed as an
expression on the merits of the case and the trial Court shall decide the case
on the basis of available material.
March 23, 2026. (VINOD S. BHARDWAJ)
raj arora JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
5 of 5
