MANDEEP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Mandeep Kaur has filed the present petition under Sec. 439 Cr.P.C. for grant of regular bail to her in case FIR No.73 dtd. 13/8/2017 registered under Sec. 307 IPC and Ss. 302 and 120-B IPC added later on at Police Station Smalsar, District Moga.

(2.) Learned counsel for the petitioner submits that the alleged incident occurred on 12/8/2017 at 8:00 am whereas the FIR was registered on 13/8/2017 at 8:00 pm. The petitioner was not named in the initial statement made by the complainant on 13/8/2017, on the basis of which, the present FIR was registered. Only name of one Daljeet Singh @ Jitta was mentioned. The petitioner has been implicated on the basis of supplementary statement made by complainant on 17/8/2017 i.e. after a period of two days of death of her husband and after six days from the date of alleged incident. Learned counsel further submits that the petitioner has falsely been implicated in the case by the complainant in connivance with his nephew Kulwinder Singh and the police officials just to oust the petitioner from the legal share of the property of her husband. Learned counsel also submits that as per allegations, the petitioner has been alleged to have illicit relations with one Daljeet Singh but there is no evidence to connect the petitioner with the alleged incident. The petitioner remained with her husband in the hospital and every possible care was taken by her till his death. Subsequently, a supplementary statement was made by the complainant on 17/8/2017 just to deprive the petitioner and her daughter from the property being successor of her husband and to oust her from matrimonial home. Learned counsel also submits that after presentation of challan and framing of charges, all the material witnesses including the complainant have been examined. There are total 22 prosecution witnesses. The petitioner is in custody since 22/11/2017. Learned counsel also submits that the petitioner is having a girl child of four years, who is also in jail with the petitioner. Learned counsel for the petitioner has also relied upon order passed by this Court in Manjeet Kaur vs. State of Punjab, CRM-M No.23843 of 2018 decided on 8/8/2018.

(3.) Learned State counsel has not disputed the custody period; stage of trial as well as examination of material witnesses including the complainant. However, he has opposed the regular bail not only on the ground of seriousness of offence but the motive was also there to kill her husband as she was having extramarital relation and husband of the petitioner was not happy with the same. Learned State counsel also submits that the custody is also on lesser side.