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2023 Supreme(P&H) 1788

MANJARI NEHRU KAUL
Gulshan @ Gulshan Kumar – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Mr. Vipin Mahajan, Mr. Subhash Godara

Judgment

Mrs. Manjari Nehru Kaul, J.

The petitioner is seeking the concession of bail under Section 439 of the Code of Criminal Procedure, 1973 in case FIR No.04 dated 17.01.2022 under Sections 302 , 458, 460, 380, 201 and 120-B of the IPC registered at Police Station Ghanie Ke Bangar, Police District Batala, District Gurdaspur.

2. Learned counsel for the petitioner while drawing the attention of this Court to the allegations levelled in the FIR which has been annexed as Annexure P-1, submits that a perusal of the same reveals that it is a case resting on circumstantial evidence and it was registered against unknown persons wherein the complainant stated that his father had been murdered with the intention to commit theft. However, subsequently a new twist was given on the basis of an extra judicial confession allegedly made by co-accused Paramjit Kaur (daughter-in-law of the deceased) wherein she spelt out the alleged motive to get the deceased eliminated. As per the extra judicial confession, the deceased was keeping an evil eye on her and hence she took the help of co-accused Kuldip Singh with whom she was allegedly in a relationship, to eliminate the deceased. While drawing the a

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