POOJA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in the present petition is for grant of regular bail to the petitioner, who is accused in FIR No.182 dated 15.09.2010 registered under Sections 302, 120B, 34 IPC at Police Station Sadar Fazilka, District Ferozepur .

(2.) LEARNED counsel for the petitioner submitted that on account of death of husband of the petitioner Sukhminder Singh on the intervening night of 22/23.04.2010, initially finding no suspicion, proceedings under Section 174 Cr.P.C. were initiated. However, once the petitioner sought her dowry articles back after five months of the alleged occurrence, the FIR in question was got registered by the father of the deceased, namely, father -in -law of the petitioner alleging murder of his son by Jaswant Singh son of Balwinder Singh and Jaswant Singh son of Kashmir Singh in connivance with the petitioner. The petitioner is having a son of one and half years old. The allegation levelled in the FIR regarding the petitioner having illicit relations with Jaswant Singh son of Balwinder Singh is an after -thought. Though it is sought to be claimed that the complainant had the knowledge of the fact that the petitioner was having illicit relations with Jaswant Singh son of Balwinder Singh even prior to the marriage but there is no material to establish the same.

(3.) AFTER hearing learned counsel for the parties and considering the fact that no material regarding the petitioner having illicit relations with Jaswant Singh son of Balwinder Singh has been pointed out, though to link Jaswant Singh with the deceased, some telephonic talk on mobile has been referred to; Jaswant Singh son of Balwinder Singh and Jaswant Singh son of Kashmir Singh, who have been named in the FIR as the persons who allegedly committed murder, are in custody, in my opinion, the petitioner de -serves the concession of bail pending trial. Accordingly, she is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ferozepur.