SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(P&H) 412

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mehinder Singh Sullar
CRM No.M-17281 of 2014
Manpreet Kaur @ Kaka
v.
State of Punjab
{Decided on 23/05/2014}

Advocates:
For the Petitioner:Mr. Pankaj Bali, Advocate.
For the Respondent-State:Mr. Raj Preet Singh Sidhu, Assistant Advocate General, Punjab.

Headnote:Indian Penal Code, 1860, S.307--Attempt to Murder--Bail--Petitioner inflicted a single injury with knife--Petitioner did not repeat the injury--Incident originated on a trivial matter therefore whether the petitioner had requisite intention to commit attempt to murder would be moot point during trial--Moreover, petitioner is a lady in custody for 5½ months and not even a single witness is examined--Bail granted--Criminal Procedure Code, 1973, S.439.

       

JUDGMENT

Mr. Mehinder Singh Sullar, J.(Oral) - Petitioner-Manpreet Kaur @ Kaka, daughter of Jagmohan Singh, has directed the instant petition for the grant of regular bail in a case registered against her, vide FIR No.329 dated 03.12.2013, for the commission of offences punishable under Sections 307 and 506 IPC, by the police of Police Station Mandi Gobindgarh.

2. Notice of the petition was issued to the State.

3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context.

4. Precisely, the prosecution claimed that on 02.12.2013, the petitioner inflicted a single injury with knife to Gurpreet Singh, injured. It is a case of version and cross-version and a criminal case was registered at her instance against Gurpreet Singh, injured. The petitioner did not repeat the injury. The incident originated on a trivial matter. In that eventuality, whether the petitioner had the requisite intention to commit attempt to murder of Gurpreet Singh or not, inter alia, would be a moot point to be decided during the course of trial by the trial Court.

5. Moreover, petitioner is a lady and she was arrested on 03.12.2013. Since then she is in judicial custody and no useful purpose would be served to further detain her in jail. There is no history of her previous involvement in any other criminal case. Since, even not a single witness has yet been examined by the prosecution, so, the conclusion of trial will naturally take a long time.

6. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on her furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court.

Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail.

---------0.B.S.0------------



Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top