CHARANJIT SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in the present petition is for grant of pre -arrest bail to the Petitioners who are accused in FIR No. 43 dated 25.4.2011, registered under Sections 498A, 328, 120B IPC at Police Station Division No. 4, Ludhiana.

(2.) LEARNED Counsel for the Petitioners submitted that in the FIR false allegations have been levelled against the Petitioners regarding administering poison to the complainant Harpreet Kaur, whereas when she was admitted in the hospital, no clinical symptom of any poison was found. Merely because in the Chemical Examiner report organ phosphorus compound has been detected, it does not prove that she was administered the same forcefully. As there is contradiction in the two versions. The Petitioners deserve to be granted the benefit of doubt.

(3.) LEARNED Counsel for the complainant submitted that it is a case in which the prosecuting agency is siding with the accused from the very beginning. There is manipulation in the hospital record. In fact, the stomach of the complainant was washed when she was taken to hospital. Husband of the complainant was arrested and was released on bail as the challan was not presented within the stipulated period after his arrest, for which even enquiry has been marked against the Investigating officer. Considering the aforesaid facts, the Petitioners do not deserve concession of pre -arrest bail.