Kuldip Kaur vs State of Punjab

S.S. Saron, J.—Heard learned Counsel for the parties.

The Petitioner seeks regular bail in a case registered against her on 21.2.2003 for the offences under Sections 302, 307, 323, 324, 148, and 149 IPC.

The FIR in the case has been registered on the statement of Gurdev Singh, who has alleged that he was married with Rajwant Kaur against the wishes of her parents. Gurdev Singh and Rajwant Kaur remained together for one month but the parents of Rajwant Kaur threatened the complainant due to which the complainant sent his wife aboard. On 5.1.2003, she came back from Singapore. At that time, the complainant along with his wife were residing at Chandigarh. They came to the Village on 6.2.2003 and were arrested on 8.2.2003 and produced before the SDM, Batala, who released them on bail on 13.2.2003. On 21.2.2003, when the complainant and his wife Rajwant Kaur were coming out of the Court of SDM, Batala, they were attacked by the accused.

The present Petitioner Kuldip Kaur was armed with a knife. She is attributed to have caused injuries on Rajwant Kaur wife of the complainant-Gurdev Singh. The said injury is on the middle finger of the left hand of Rajwant Kaur. The Petitioner was declared a proclaimed offender in the case on 20.12.2003. She has been arrested on 11.2.2010. Thereafter, supplementary challan was filed against her. The other accused have been convicted in the case, however, the trial in the present case against the Petitioner is yet to commence.

Learned Counsel for the Petitioner has submitted that similarly situated co-accused of the Petitioner have been sentenced to one year of imprisonment. The Petitioner has already undergone about 10 months of imprisonment. The trial in the case is likely to take time. The Petitioner is in custody since 11.2.2010; besides, she is attributed a knife blow on the finger of Rajwant Kaur. She is not attributed any injury on the person of the deceased Hardev Singh, brother of the complainant-Gurdev Singh.

In the circumstances, the Petitioner on her furnishing personal bond and two sureties in the like amount to the satisfaction of learned Chief Judicial Magistrate, Gurdaspur shall be admitted to bail. The Petitioner shall also surrender her passport in the Court of learned Chief Judicial Magistrate, Gurdaspur; besides, she shall not leave the country without the permission of the trial Court.

The criminal miscellaneous petition stands disposed of.