INDERJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner prays for grant of regular bail in FIR No. 38 dated 04.04.2016 registered with Police Station City Gurdaspur, District Gurdaspur for offence punishable under Section 306 of the Indian Penal Code, 1860 (in short 'IPC').

(2.) Counsel for the petitioner has submitted that marriage of the petitioner with Parminder Kaur (since deceased) was performed in the year 2005 and out of the wedlock, two children aged 9 years and 8 years were born. It is further submitted that in the FIR lodged at the behest of mother of the deceased it has been alleged that Parminder Kaur disclosed to the complainant that her husband had illicit relations with some woman and when her daughter tried to stop him from indulging in this activity, he caused beatings. It is further argued that during the course of investigation neither the name of any such woman has cropped up much less any interaction between the petitioner and said woman. It is further submitted that younger sister of the deceased is also married in the same family to younger brother of the petitioner and she is happy in the matrimonial home. The petitioner is a member of Indian Army and his last three postings were in Andhra Pradesh, Madhya Pradesh and Srinagar. The deceased was residing with her husband in Madhya Pradesh but not during his posting in Andhra Pradesh and Srinagar being sensitive stations. The last submission made by counsel is that the petitioner is in custody since 05.04.2016; challan has been presented in the Court and the trial is likely to take its own time.

(3.) Counsel for the State has not disputed factual assertions but opposed the prayer for bail with the submission that material witnesses in the case are yet to be examined after framing of charge.