JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner, Jaswinder Singh, who has been booked for having committed the offences punishable under Sections 302, 304-B, 498-A, IPC, in a case arising out of F.I.R. No. 170, dated 08.09.2013, registered at Police Station Lalru, District SAS Nagar. Learned counsel for the petitioner submits that near dead body of Sandeep Kaur, suicide note, Annexure P4, was recovered. A bare perusal of the said suicide note would spell out that petitioner Jaswinder Singh, husband of Sandeep Kaur (since deceased) had not demanded dowry and treated her with cruelty on that account, rather it has been alleged in the suicide note that Jaswinder Singh loved her (Sandeep Kaur) a lot. He further contends that as per F.I.R. lodged by father of Sandeep Kaur (since deceased), it has been alleged that the petitioner was demanding dowry from Sandeep Kaur and she told him regarding that fact, which is contrary to the suicide note and if the suicide note is taken into consideration then what has been stated in the F.I.R. would be hearsay statement, which cannot be considered to be legally admissible statement. So far as petitioner is concerned, it has also been argued that he (petitioner Jaswinder Singh) had come to India from foreign country on 02.09.2013 and thereafter Sandeep Kaur lived happily till her death. It has also been submitted that mother of the petitioner is also behind bars in the present case. Allegations were also levelled against the brother and sister-in-law (Bhai and Bhabi) of the petitioner but during investigation, they were declared innocent by the Investigating Agency and, as such, charge-sheet was filed against the petitioner and his mother only. After leading some evidence, an application under Section 319, Cr.P.C., was moved and thereafter brother and sister-in-law of the petitioner were summoned to face trial and, as such, the petitioner has to face de novo trial.

(2.) Learned counsel for the State, on instructions from HC Jagtar Singh of Police Station, Lalru, very fairly concedes that suicide note, Annexure P4, was found near the dead body of Sandeep Kaur in which there was no allegation of demand of dowry and maltreatment of Sandeep Kaur at the hands of the petitioner. However, he submits that while lodging the F.I.R., father of Sandeep Kaur had specifically alleged that petitioner maltreated Sandeep Kaur on account of demand of dowry. He further contends that allegations were also to the fact that the petitioner was maintaining extra marital relations with his sister-in-law (Bhabi).

(3.) I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.