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2022 Supreme(P&H) 295

ANOOP CHITKARA
Gagandeep Singh @ Gaggi – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Davinder Kumar, Advocate, for the Appellant; Mr. Harsimar Singh Sitta, DAG, Punjab, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

45

06.06.2019

Sadar Budhlada, District Mansa

302, 34 IPC

1. The petitioner apprehending arrest in the FIR captioned above had come up before this Court under Section 438 CrPC seeking anticipatory bail.

2. Accused Sarabjeet Kaur was married to Pala Singh, who expired, and after his death, as per custom, Sarabjeet Kaur was married with Jagna Singh, her elder brother- in-law (Jeth), i.e., brother of Pala Singh, through Kareva marriage. After the death of Pala Singh, father of Sababjeet Kaur, named Baldev Singh had also started residing with them at the same village. On 5th June, 2019, there a scuffle between Sarabjeet's second husband and her father relating to irrigation. The allegations are that Baldev Singh called many people and, in the morning, dead body of Jagna was found on a cot in the fields.

3. Ld. Counsel for the petitioner contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. Ld. counsel representing the State opposes bail.

REASONING:

5. The reply dated 20-04-2021 filed by the SHO of the concerned

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