Judgment

Mr. Harpreet Singh Brar, J.

The present petition has been filed under Section 439 Cr.P.C. seeking regular bail in case bearing FIR No.38 dated 08.04.2021 under Sections 302/34/328/201 of IPC registered at Police Station Amloh, Fatehgarh Sahib (Annexure P-1).

2. The FIR was lodged on the statement made by Gurpiar Singh on the allegations that his cousin brother-Sukhdeep Singh was staying in his neighbourhood, who got married to the present petitioner-Manpreet Kaur in the year 2010 and a male child was born out of the said wedlock. It is further alleged that for the last 5 to 7 months, his cousin and the petitioner have been engaged in mutual fights on daily basis and the complainant had been hearing them quarrelling with each other being their neighbour. In the first week of March, 2021, when the complainant asked his cousin the reason of his fight with his wife, he got emotional and started crying and told him that his brother-in-law’s brother-in-law, namely, Rajinder Singh, was having illicit relationship with his wife. His cousin came to know about their relationship when his wife did not return for 3-4 days after she left for Amritsar and his cousin learnt that the petitioner and Rajinder Singh had stayed together. On 26.03.2021 at around 06:10 A.M., the complainant heard someone crying in his cousin’s house. When he went there, he found his cousin brother was lying dead on the bed and the complainant came to know that the present petitioner in connivance with Rajinder Singh has killed his cousin brother on the intervening night of 25th/26th March, 2021 as Rajinder Singh had come to their village on that night. The motive for the murder was the illicit relationship between the petitioner and her paramour-Rajinder Singh.

3. Learned counsel for the petitioner inter alia contends that the petitioner is behind the bars since 08.04.2021 and she is a mother of a minor child and due to her incarceration, the welfare of the minor has severely effected. The case of the prosecution is based upon the circumstantial evidence. The FIR was lodged after a delay of 13 days. The case set up by the prosecution with regard to the illicit relationship between the petitioner and her paramour has been demolished by the material witness, namely, Manjit Singh as PW-5 who has not supported the case of prosecution. Similarly, Kalyan Singh as PW-8 and Sukhwinder Singh as PW-9 have also not supported the case of the prosecution. Moreover, the manner as alleged by the prosecution for killing the deceased, cousin brother of the complainant, by administering sleeping pills has not been supported by medical report. As per FSL report, only ethyl alcohol was found in the body of the deceased and PW-6, Dr. Amandeep Singh has categorically deposed that none of the salts as contained in the sleeping pills has been found in the FSL report.

4. Per contra, the learned State counsel opposes the grant of regular bail to the petitioner on the ground that apart from the testimonies of PW-5, PW-8 and PW-9, there is sufficient material on record to prove the complicity of the petitioner in the alleged occurrence and the petitioner is an accused of heinous offence of murdering her own husband.

5. The foundational concept of the criminal jurisprudence is to ensure speedy trial. The Hon’ble Supreme Court has repeatedly reiterated that right to speedy trial is enshrined in Article 21 of the Constitution of India. Speedy trial would cover investigation, enquiry, trial, appeal, revision and retrial etc. i.e. everything starting with the accusation against the accused and expiring with the final verdict of the last Court.

6. It has further been held in law that if a person is deprived of his liberty under a procedure which is not reasonable, fair, or just, such deprivation would be violative of his fundamental right under Article 21 of the Constitution of India. The procedure so prescribed must ensure speedy trial for determination of the guilt of such person. Some amount o