AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In these two connected petitions bearing Criminal Misc. No 17050-M of 1994 and Criminal Misc. No 154-M of 1995, the question to be determined is as to whether the two respondents herein i.e. sister in law and mother in law of the deceased Jasbir Kaur who were granted anticipatory and regular bail respectively should carry on enjoying the concession of bail granted to them or the same on the facts and circumstances of this case should be cancelled.

(2.) Jasbir Kaur a married lady of 22 years having two living infant female children aged 11/2 years and nine mouths and one more to arrive as she had five months pregnancy breathed her last on 5th of September, 1994. She was married to Jagdev Singh on 30th of December 1991, and, thus her married life span was of a duration of slightly over 31/2 years. During all this time, as per dying declaration of Jasbir Kaur, she was tortured at the hands of her mother in law aged about 55 years and her spinster sister in law aged about 28 years. The dying declaration on the basis of which an F.I.R. came to be registered against the respondents runs thus :-

(3.) Whereas, Mohinder Kaur, mother-in-law applied for regular bail, her daughter Jaswinder Kaur applied for anticipatory bail before the learned Additional Sessions Judge, Sangrur, Shri J. S. Korey and vide one order the matter of both was dealt with on 26/10/1994. Whereas, the sister-in-law of the deceased was allowed anticipatory bail, mother-in-law of the deceased was declined regular bail. It is against that part of the order allowing anticipatory bail that Crl. Misc. No. 17050-M of 1994 has been filed asking for cancellation of bail.