Mukhtiar Kaur vs State of Punjab

Nirmal Singh, J.

This is a petition under Section 439 Cr.P.C. for grant of bail to the petitioner in FIR No. 67 dated 11.8.2001 under Section 302/34 IPC registered at P.S. Sadar Mansa, District Bhatinda.

Mr. M.S. Joshi, learned counsel for the petitioner submitted that petitioner is a widow lady and has four daughters. Two daughters of the petitioner are married and two are of marriageable age. He further submitted that Gurjant Singh, deceased was a bad character person. He entered the house of the petitioner in a drunken condition armed with pistol and threatened the petitioner to kill the entire family. He even attempted to molest the daughter of the petitioner. Petitioner and her daughter snatched the pistol from Gurjant Singh and raised alarm. On hearing the alarm, the mob gathered there and gave beatings to Gurjant Singh, as a result of which he died. Learned counsel further submitted that petitioner has not given any beatings to Gurjant Singh. He also submitted that even though Gurjant Singh has tried to molest the daughter of petitioner, despite that petitioner tried to save him from the mob, but the mob did not stop. Learned counsel further submitted that the Gram Panchayat of the village has passed resolution about the reality of the occurrence. He submitted that if Gurjant Singh would have been a good character person and had not gone to the house of the petitioner in a drunken condition and not molested her daughter, then the Panchayat would not have passed the resolution.

Mr. RPS Athwal, learned DAG is unable to rebut the submissions made by learned counsel for the petitioner.

So taking into consideration the facts and circumstances of the case, it is ordered that petitioner be admitted to bail to the satisfaction of Chief Judicial Magistrate, Mansa.