- (1.) Prayer in this application filed under Section 439, Cr.P.C. is for grant of regular bail to Amarjit Kaur-petitioner who has been booked for having committed the offences punishable under Sections 302, 120-B read with Section 34 of the IPC.
(2.) Learned counsel for the petitioner contends that the petitioner has not been named in the FIR. She further submits that admittedly, the petitioner was not the assailant. She further submits that the whole family of the petitioner including the husband and her son have been falsely implicated in the present case and all the three persons are behind the bars. She also submits that the petitioner is suffering from the blood cancer which is at its advance stage. She further submits that the report under Section 173, Cr.P.C has been submitted before the learned Area Magistrate and perusal of the same reveals that there is no material on record to connect the petitioner with the alleged crime.
(3.) Learned counsel for the State, on instructions from ASI Gurmeet Singh, Police Station, Dirba, submits that the police had recorded the statement of Nirmal Singh, brother-in-law of Dev Singh (deceased) on 30.04.2012 wherein, he stated that he over-heard the petitioner talking with some other person with regard to the murder of Dev Singh, therefore, there was material against the petitioner to connect her with the crime.;