WATTAN SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) THIS is an application for anticipatory bail.

(2.) MANMOHAN Kaur was married to Baldev Singh Petitioner. The other petitioners are relatives of Baldev Singh. Her disappearance was reported to the police by Baldev Singh's father. Later her dead body was found. It was cremated allegedly without informing the parents of the unfortunate woman. A case under section 306, Indian Penal Code, was registered against eight of the petitioners. The ninth man at that time was left out. The case of the complainant was that it was outright murder of the unfortunate woman and not a case of suicide. The police however, stuck to the view that it was a case of suicide. Eight of the petitioners accused therein obtained anticipatory bail in the Court of Session for offence under section 306, Indian Penal Code. The complainant then filed a complaint under sections 302/201/149, Indian Penal Code, against the nine petitioners. So far process has not been issued against them but they are apprehensive that since the accusation has been made, the learned Magistrate when issuing process would issue non -bailable warrants and on commitment to the Court of Session would sent them incarcerated. The case under section 306, Indian Penal Code, has been consolidated with the complaint. Both would eventually have to be committed to the Court of Session.

(3.) IT is to be noticed that the offence is one. It can either be under section 302, Indian Penal Code, or section 306, Indian Penal Code. There can be no dispute that charges can be framed in the alternative. In these circumstances, it is but fair that in the spirit of the order of the Court of Session granting anticipatory bail to the eight petitioners under section 306, Indian Penal Code, the petitioners herein should also get anticipatory bail for offence under sections 302/201/149, Indian Penal Code. However, a rider need be added that the bail is operative till the question of charge has been decided before the Court of Session on the eventual committal.