JUDGEMENT
Tejinder Singh Dhindsa, J. -
(1.) THIS order shall dispose of the present petition filed under Section 438 Cr.P.C. praying for the grant of anticipatory bail to the petitioner in case F.I.R. No. 83 dated 16.6.2010 under section 306 I.P.C., registered at Police Station, Sadar Gurdaspur, District Gurdaspur.
(2.) ON 4.3.2014, while issuing notice of motion, the following order was passed by this Court: -
The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 83 dated 16.6.2010 registered under sections 306 I.P.C. at Police Station, Sadar Gurdaspur, District Gurdaspur.
Counsel submits that the petitioner is 75 years old and is the father -in -law of deceased Jaswinder Kaur. It is further submitted that in the process of investigation conducted by the prosecution agency, the petitioner had been declared innocent and as such, had not been challaned. It is only thereafter that the present petitioner has been summoned as an additional accused in pursuance to an application filed by the prosecution under section 319 Cr.P.C.
Counsel would even advert to the F.I.R. in question placed on record at Annexure P -1 which has been registered on the complaint of Sukhwinder Singh i.e. brother of deceased Jaswinder Kaur and in which the complainant has asserted that his deceased sister used to complain against her husband being jobless and being a drunkard. Counsel states that the allegations against the present petitioner were general in nature and were utterly vague. It is further argued that the petitioner is willing to join trial.
Notice of motion, returnable for 9.5.2014.
The petitioner is directed to surrender before the Trial Court within a period of 10 days from the date of receipt of a certified copy of this order. In the eventuality of the petitioner surrendering within the afore -noticed stipulated time frame, he shall be admitted to bail subject to satisfaction of the Trial Court.
Learned counsel appearing for the petitioners would submit that in pursuance to the order dated 4.3.2014 the petitioner had duly surrendered before the Trial Court and has been admitted to bail on furnishing bail bonds in the sum of Rs. 50,000/ - with one surety in the like amount. Towards such assertion counsel has produced before this Court a certified copy of the order dated 11.3.2014, passed by the Additional Sessions Judge, Gurdaspur. Copy of the same is taken on record at Mark A.
(3.) THE petitioner having surrendered before the Trial Court, the present petition is allowed. The order dated 4.3.2014, passed by this Court, is made absolute.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.