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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN, J.
Sarabjit Kaur - Appellant
Versus
State of Punjab – Respondent
CRM-M No. 22182 of 2024
Decided On : 09-05-2024
Bail - Regular Bail - IPC Sections 302, 323, 34 - The court discussed the provisions of IPC regarding culpability in violent acts and the criteria for granting bail, emphasizing the nature of the accused's involvement and the circumstances surrounding the case.
Fact of the Case:
The case involves a dispute over the construction of an ancestral house, leading to a violent altercation where one brother was killed and another injured. The accused were family members, and the complainant sought legal action against them.
Finding of the Court:
The court found that the petitioner, a young woman, had a minimal role in the incident, primarily inflicting a simple injury, and noted her clean record and the lengthy pre-trial detention.
Issues: Whether the petitioner should be granted regular bail considering her alleged involvement in a violent crime and the circumstances of the case.
Ratio Decidendi: The court held that the nature of the accused's involvement, her age, and the lack of serious charges against her warranted the granting of bail.
Result: The petition for regular bail is accepted, and the petitioner is ordered to be released on bail.
JUDGMENT :
(Pankaj Jain, J.) :
Prayer is for grant of regular bail in FIR No.59 dated 16.08.2023 for the offence punishable under Section 302, 323, and 34 of IPC, 1860 at Police Station Singh Bhagwantpura, District Roopnagar.
2. As per the allegations levelled in the FIR, it has been alleged as under:-
“Copy of Statement of Amrik Singh son of Late Bachan Singh Village Brahman Majra, Police Station Singh Bhagwantpur, District Roopnagar aged about 65 years Mob. No. 62803-62567 stated that I am resident of the above said address and I am doing the work of the cycle repair. We are 8 brothers and two sisters. I and my brother Dalbara Singh have not performed marriage and further I and Dalbara Singh are living in the ancestral house of our brother Gurnam Singh and my five brothers are living outside the village in their own basis and in the ancestral house of our village I and Dalbara Singh are and living in court yard of the house Gurnam Singh is married and he have two sons namely Gurpreet Singh @ Jaggi and one daughter Lovepreet Kaur and the house of Gurnam Singh is bigger than our house. That Gurnam Singh mostly remains ill and is lying on the bed and the house hold work of the house is being done by wife of Gurnam Singh namely Sarabjit Kaur and Sarabjit Kaur by demolishing the old house is constructing new house and then my brother Jasbir Singh who is living outside took a stay from the Hon’ble Court because this land is place is ancestral and being joint of all brothers and then Sarabjit Kaur stopped constructing the house and started residing on the rent. That on 24.07.2023 Sarabjit Kaur challenge the stay and got it vacated from the court and again started building the house. Yesterday on 15.08.2023 Sarabjit Kaur tried to include our warranda and Kitchen in the house then on 16.08.2023 at 07:45 AM I and my brother Dalbara Singh started asking Sarabjit Kaur that why you have included our warranda and kitchen and said that this is in our share then Sarabjit Kaur said that she have done so you do whatever you can do and on that Sarabjit Kaur stated to her son Gurpreet Singh @ Jaggi and Ranjodh Singh and daughter Lovepreet Kaur that both of them are not allowing to construct our house and today we should eliminate them. That on staying so of Sarabjit Kaur, Gurpreet Singh @ Jaggi and Ranjodh Singh took the iron pipes and Dalbara Singh was standing at a few distance from me then Gurpreet Singh @ Jaggi gave a blow of iron pipe on the head of Dalbara Singh and Ranjodh Singh gave a blow of iron pipe on legs and arms of Dalbara Singh. Gurpreet Singh @ Jaggi gave blow of iron pipe on the head of Dalbara Singh and when I tried to rescue him then he pushed me. Sarabjit Kaur instigated her sons and said that today they should eliminate Dalbara Singh. That Dalbara Singh fell down on the ground and I tried to save him then Sarabjit Kaur and her daughter Lovepreet Kaur inflicted danda blows on me. I raised the alarm then my brother Jarnail Singh reached at the spot then Jarnail Singh tried to save Dalbara Singh from them and they pushed Jarnail Singh and Ranjodh Singh gave a blow of pipe on my right eye and then blood started turning out from my eye and then Sarabjit Kaur gave leg blows on Dalbara Singh while he was lying down and Lovepreet Kaur gave danda blows on me. That Jarnail Singh got us rescued from them then blood was oozing from the head of Dalbara Singh and blood was also coming from his left arm and left leg and then Jarnail Singh called Varinder Singh at the spot who took me and my brother Dalbara Singh to Civil Hospital Roopnagar. That during treatment health of the Dalbara Singh deteriorated who at 02 PM died at Civil Hospital Roopnagar and the dead body of Dalbara Singh is kept in the mortuary by doctor sahib and there are stiches on my eye and I am under treatment. So it is requested that legal action be taken against Sarabjit Kaur, and daughter Lovepreet Kaur and her sons Gurpreet Singh @ Jaggi and Ranjodh Singh. I have recor
AI
The court granted bail due to prolonged custody and lack of specific allegations against the petitioner, emphasizing that unnecessary incarceration should be avoided.
The court established that instigation under Section 306 IPC requires clear evidence of intent to push the victim to suicide, which was lacking in this case.
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