IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:08.01.2025 Harpal Kaur ......Petitioner Versus State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. Dilraj Singh Bhinder, Advocate for the petitioner.

Mr. Malkiat Singh, DAG, Punjab.

JASGURPREET SINGH PURI J.(Oral)

1. The present petition has been filed under Section 483 of BNSS, for grant of regular bail to the petitioner in case bearing FIR No.41 dated 03.09.2024 under Section 108 of BNS registered at Police Station Tallewal, District Barnala.

2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is a lady of the age of 53 years and she has been falsely implicated in the present case. He submitted that the petitioner has been in has already been completed and thereafter challan has also been presented. Learned counsel further submitted that as per the allegations the complainant had informed the police that he is a married person and that his mother along with his aunts were not having good relations with his wife. The main allegation in the present case is against his own mother, and no direct role has been attributed to the present petitioner, who is the maternal aunt. He also submitted that the other co-accused namely Paramjit Kaur who is the maternal aunt has already been extended benefit of regular bail by the learned Sessions Court. He further submitted that even otherwise in the present case the essential ingredients of Section 108 of BNS are not being fulfilled because there are no allegations in this regard regarding the instigation or abetment of committing suicide and as such in view of the aforesaid facts and circumstances, the petitioner may be considered for the grant of regular bail.

3. On the other hand, learned State counsel submitted that, insofar as the custody of the petitioner is concerned, the same is correct and the investigation in the present case has already been completed and challan has also been presented

4. I have heard the learned counsel for the parties.

5. It is a case where the petitioner is a lady and of the age of 53 years and allegation against the petitioner was that she alongwith the mother of the complainant instigated the complainant’s wife to commit suicide. As per the allegations the mother of the complainant had taken hold of the complainant's wife and so far as the allegations regarding whether the present petitioner had forced or abetted the complainant’s wife to commit suicide are concerned, the same can be decided only at the time of trial through evidence. Even otherwise also as per learned counsel for the petitioner, the other similarly situated co-accused namely Paramjit Kaur, has already been granted bail by learned Sessions Court. The custody of the petitioner has come out to been completed, and the challan has also been presented. Therefore, considering the aforesaid facts and circumstances, especially the petitioner being a lady aged 53 years, this Court deems it fit and proper to grant bail to the petitioner.

6. Consequently, the present petition is allowed. The petitioner shall be released on regular bail, if not required in any other case, subject to furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned.

(JASGURPREET SINGH PURI)

JUDGE

08.01.2025

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