LAWS(P&H)-2022-2-139

GURDIP KAUR Vs. STATE OF PUNJAB

Decided On February 03, 2022
GURDIP KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

(2.) Prayer in the present petition is for grant of regular bail to the petitioner in case FIR No.27 dtd. 10/3/2020, under Sec. 306 IPC, registered at Police Station Bullowal, District Hoshiarpur.

(3.) As per the factual matrix of the case, the FIR was lodged by Lai Chand son of Lashkar Ram. It has been alleged that he has three boys and a daughter, who was married with Madan Lai, about four years back. His son-in-law, Madan Lai had gone to Dubai for the last two years and the daughter was blessed with a son named Jashan, aged about 3 years. Amandeep Kaur was residing in India at her matrimonial home with her mother-in-law i.e. Gurjit Kaur. His daughter was being harassed by her mother-in-law GurjitKaur so, he kept his daughter and son-in-law with him for the last about 1 V2 years. However, from the last six months, she was residing in her matrimonial home in Village Chakkowal Shekan. On 9/3/2020 at about 11:00 AM, his daughter informed him telephonically that her mother-in-law Gurjit Kaur quarreled with her and she asked her father to take her to her parental home, however, he refused. Later on, the Mediator of the marriage informed him telephonically that Amandeep Kaur has consumed some poisonous substance and had also administered the same to the minor child Jashan. He reached IV Hospital Hoshiarpur and found the minor son Jashan already dead and his daughter Amandeep Kaur being serious was referred to Jalandhar ESCORT Heart Hospital. It was alleged that his daughter had consumed poision due to the maltreatment caused by her mother-in-law, due to which, the minor son had already died. The request was made to take legal action against the culprits. It is also transpired from the facts that Amandeep Kaur later on died on 13/3/2020. The investigation commenced and petitioner was arrested on 11/3/2020. The petitioner approached the learned Additional Sessions Judge, Hoshiarpur for grant of bail under Sec. 439 Cr.P.C, who after hearing counsel for the parties, declined the same vide his order dtd. 2/6/2020. Aggrieved by the same, the petitioner approached this Court for grant of bail by way of filing the present petition.