Bhuchar Kaur vs State of Punjab

Rajive Bhalla, J.

1 The petitioner seeks regular bail. First Information Report dated 32 dated March 6,2003, was lodged u/s 302/34, Indian Penal Code, at Police Station City Mansa, stating therein that petitioner Bhuchar Kaur and Lakha Singh had killed Jasvir Kaur wife of Lakha Singh by strangulating her.

Pursuant to the afore-mentioned First Information Report, the petitioner was arrested and has been behind bars since March 18, 2003.

Learned counsel for the petitioner contends that, as per the post-mortem report, the concerned Doctor opined that Jasvir Kaur had died due to consumption of phenyl and, therefore, the allegations in the First Information Report were patently false. He further argues that even the challan has been presented u/s 306/34, Indian Penal Code and charge framed accordingly vide order dated July 16, 2003 passed by the Additional Sessions Judge, Mansa. It is also argued that vide order dated January 15, 2004, the prayer of the prosecution for framing an alternative charge u/s 302/34, Indian Penal Code, has also been declined by the trial Court.

Learned counsel for the State submits that trial is in progress, two prosecution witnesses have been examined and, therefore, the petitioner should not be released on bail at this stage.

In view of the submissions made by the counsel for the petitioner as also the fact that the petitioner is a woman, having three children though not minors and has been behind bars for more than a year, I accept the present petition and direct the petitioner to be released on bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Mansa.