Jai Singh and ors. vs State of Punjab

Ujagar Singh, J.

The petitioners were released on bail by the Judicial Magistrate. The State moved an application for cancellation of the bail granted to the petitioners only on the ground that the suicide was committed within seven years of the marriage and, therefore, an offence under Section 304 B IPC was made out. An attempt was made on behalf of the petitioner to show a bahi entry indicating that the marriage had taken place on 8th Chaitra 2036, equivalent of which is 22.3.1980 which takes us beyond seven years and if this entry is taken into consideration, no presumption can be raised under Section 304 B IPC and the basis of cancellation of bail by the Court of Session becomes doubtful. In such a situation, the benefit has to go to the accused as it is very seldom that an oral statement about the date of marriage is to be admitted. The mention in the FIR about the marriage having taken place six years back without giving any date or year is vague statement and at least for the purpose of bail already granted, one has to be very sure about the date of marriage. In these circumstances the impugned order of the Court of Session is set aside and the petitioners are allowed to be released on bail.