- (1.) In these two connected petitions bearing Criminal Misc. No 17050-M of 1994 and Criminal Misc. No 154-M of 1995, the question to be determined is as to whether the two respondents herein i.e. sister in law and mother in law of the deceased Jasbir Kaur who were granted anticipatory and regular bail respectively should carry on enjoying the concession of bail granted to them or the same on the facts and circumstances of this case should be cancelled.
(2.) Jasbir Kaur a married lady of 22 years having two living infant female children aged 11/2 years and nine mouths and one more to arrive as she had five months pregnancy breathed her last on 5th of September, 1994. She was married to Jagdev Singh on 30th of December 1991, and, thus her married life span was of a duration of slightly over 31/2 years. During all this time, as per dying declaration of Jasbir Kaur, she was tortured at the hands of her mother in law aged about 55 years and her spinster sister in law aged about 28 years. The dying declaration on the basis of which an F.I.R. came to be registered against the respondents runs thus :- "Statement of Jasbir Kaur wife of Jagdev Singh cast Jhewar, resident of village Kunran, police station sadar sangur and aged about 22 years. Stated that I am the resident of village Bassion Police Station Raikot, District Ldhiana, My father Ajit Singh who retired from the Military. We are one brother Avtar Singh she is 4 years older the me. I am younger to him. My marriage is solemnised on 30/12/1991 with Jagdsev Singh son of Bachan Singh resident of village Kunran Police Station Sadar Sangrur. I have two daughters. The elder daughter is kamaljit whose age is 1 1/2 years and younger to her is Rajni whose age is 9 months. My husband and my father in law Bachan Singh are doing the work of agriculture and a Flour Mill (Atta chakki) is installed in the house and we are doing the work of grinding Atta also. My mother in law Mohinder Kaur wife of Bachan Singh and Nanad sister in law Jaswinder Kaur always harass me and are taunting me that you have brought less downy. You bring mare dowry and money. Now it is about 1 1/2 years when Kamaljit was born, then on the asking of my mother in law Mohinder Kaur and Nanad Jaswinder Kaur who is unmarried brought Rs. 4000.00 on loan from my father Ajit Singh. Whenever I asked for return their money, then at that very time both of them, mother in law Mohinder Kaur and Nanad Jaswinder Kaur assaulted me and beat me. On 11-9-1994 my husband Jagdev Singh had gone to the fields to bring fodder fort the cattles, and my father in law Bachan Singh had gone to Beas Dera. My mother in law Mohinder Kaur and Nand Jaswinder Kaur who were in the house told me that now you go and bring Rs. 5000.00 from your father and bring more ornaments also. I said that he is a poorman so he cannot give so much money and jewellery, you return his Rs. 4000.00 (Rupees Four Thousand) already taken. On my saying this my Nand Jaswinder Kaur poured kerosene oil on my clothes and on my body and my mother in law Mohinder Kaur set me on fire. I raised noise of 'Bachao Bachao' loudly. Fortunately my husband Jagdev Singh reached carrying the fodder, who extinguished the fire which was set on my clothes and first of all took me to the hospital at Sangrur. After getting me medicines from there, then I was got admitted in the C.M.C. where I am under treatment. My husband Jagdev Singh is in my favour. He never quarreled with me. When I was crying with the plain, then my mother in law mohinder Kaur and Nanad were saying that now you have a taste of demanding the return of the amount of Rs. 4000.00 Both of them had set me on fire with the intention of killing me Statement is heard. It is correct. S/d- Jasbir Kaur."
(3.) Whereas, Mohinder Kaur, mother-in-law applied for regular bail, her daughter Jaswinder Kaur applied for anticipatory bail before the learned Additional Sessions Judge, Sangrur, Shri J. S. Korey and vide one order the matter of both was dealt with on 26/10/1994. Whereas, the sister-in-law of the deceased was allowed anticipatory bail, mother-in-law of the deceased was declined regular bail. It is against that part of the order allowing anticipatory bail that Crl. Misc. No. 17050-M of 1994 has been filed asking for cancellation of bail.;