LAWS(P&H)-2009-5-43

PARVINDER KUMAR @ BINDRI Vs. STATE OF PUNJAB

Decided On May 05, 2009
Parvinder Kumar @ Bindri Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) PRAYER in this petition, filed under Section 439 of the Code of Criminal Procedure is for grant of regular bail, in case FIR No. 94 dated 1.3.2005, registered under Sections 306, 34 IPC, at Police Station Sadar, Distt. Hoshiarpur.

(2.) THE petitioner is the brother of Prem Chand, whose wife Gurmeet Kaur committed suicide 14/15 years after her marriage. A few days after registration of the FIR, the petitioner left for Dubai. Though, the challan was presented, the investigation against the petitioner was kept pending. The petitioner was declared a proclaimed offender and was eventually arrested on 31.12.2008. It would also be necessary to mention here that the allegations against the petitioner and his wife are more or less similar. After investigation, the petitioner's wife was placed in Column No. 2. During the trial, the prosecution filed an application under Section 319 of the Code of Criminal procedure praying for her summoning. However, this application was dismissed on 17.3.2006. The petitioner's brother was eventually convicted under Section 306 IPC, whereas the other accused were acquitted.

(3.) COUNSEL for the State of Punjab, submits that as the petitioner was declared a proclaimed offender and there is every likelihood of his leaving the country if released on bail.