NARINDER SINGH ALIAS NINDRI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a first bail application under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.216 dtd. 27/11/2021, registered under Ss. 306 and 34 IPC (Sec. 205 IPC has been added later on), at Police Station Nihal Singh Wala, District Moga.

(2.) Learned counsel for the petitioner has submitted that in the present case, as per the allegations in the FIR, petitioner was annoyed with the complainant on account of the fact that the petitioner was under the impression that the complainant/deceased was helping his wife Raman Kaur in staying away from the petitioner and on account of the same, petitioner used to threaten the deceased. It is submitted that the said act of the petitioner done by him for protecting his marriage, cannot be stated to be a criminal act. It is further submitted that the petitioner has been in custody since 28/11/2021 and the challan has already been presented and there are 26 prosecution witnesses, none of whom have been examined, thus, the trial is likely to take time. It is also submitted that the petitioner is the sole breadwinner of the family and has three minor children, including one minor daughter. It is submitted the petitioner is not involved in any other case. Further, reliance has been placed upon a judgment of the Hon'ble Supreme Court of India in Special Leave to Appeal (Crl.) no.7284 of 2017 titled as "Shabbir Hussain vs. The State of Madhya Pradesh and Ors." decided on 26/7/2021 has held as under:-

(3.) Reliance is also placed upon a judgment of a Co-ordinate Bench of this Court in " State of Punjab vs. Kamaljit Kaur alias Bholi and another", reported as 2008(2) RCR (Criminal) 562 wherein it has been held as under:-