02.04.2025 CHARANJIT K JIT KAUR @ RAJ … v. STATE OF PUN F PUNJAB
Case Details
IN THE H AB AND HARYANA HE HIGH COURT OF PUNJAB A RH AT CHANDIGARH CRM-M Reserved Pronounc M No.6434 of 2025 erved on :01.04.2025 nounced on : 02.04.2025 CHARANJIT K JIT KAUR @ RAJ …. Petitioner Versus STATE OF PUN F PUNJAB …. Respondent CORAM: HON HON’BLE MRS. JUSTICE MANIS ANISHA BATRA Present : Ms. (through video conference). (thro s. Renu Arora, Advocate for the p r the petitioner Ms Ms. Ruchika Sabherwal, Sr. D.A.G D.A.G., Punjab. **** MANISHA BAT A BATRA, J. (oral) 1.
Legal Reasoning
This is the first petition filed und This (cid:26)(cid:2)(cid:7) ed under Section 483 of (cid:23)(cid:11)(cid:2)(cid:4)(cid:2)(cid:13)(cid:5)(cid:26)(cid:2)(cid:7) (cid:1)(cid:2)(cid:3)(cid:2)(cid:4)(cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:4)(cid:2)(cid:6)(cid:10)(cid:11) (cid:6)(cid:10)(cid:11)(cid:2)(cid:7)(cid:8)(cid:2)(cid:12)(cid:11)(cid:5)(cid:13)(cid:2)(cid:14)(cid:7)(cid:15)(cid:16)(cid:15)(cid:17)(cid:7)(cid:18)(cid:19)(cid:20)(cid:4)(cid:7)(cid:10)(cid:11)(cid:20)(cid:4)(cid:13)(cid:21)(cid:22)(cid:23)(cid:1) ail to (cid:1)(cid:8)(cid:8)(cid:24)(cid:25) for grant of regular bail to the petitioner in ner in case arising out of FIR No. tered No.64 dated 20.09.2023 registered under Section 30 302, 148 and 149 of IPC (Section IPC Sections 120-B, 201 and 411 of IPC added later on), , at Police Station Dhilwan, Distri District Kapurthala. 2. The aforementioned FIR was regist The ment registered on the basis of statement recorded by the y the complainant-Gurnam Singh on erein ngh on 20.09.2023 alleging therein that there was s was some dispute between his son and s son-Hardeep Singh @ Deepa and Harpreet Singh @ ingh @ Happy, a co-villager and seve ainst d several cases were lodged against his son. Due to t ue to that reason, his son used to stay d his o stay away from home to avoid his arrest. In the eve he evening of 19.09.2023, his son ha after son had come to his house and after taking his bank p bank pass book, he had left the home eone home. On the same night, someone banged at the ma the main gate of house of the compla , the omplainant. On peeping outside, the complainant saw nt saw the accused-Harpreet Singh . He ingh @ Happy standing there. He Jyoti 2025.04.03 16:05 I attest to the accuracy and integrity of this document CRM-M No.6434 of 2025 CRM -2- made an exhort xhortation by proclaiming that he h h @ t he had killed Hardeep Singh @ Deepa and the d the complainant could pick up hi , the up his dead body. Thereafter, the accused Harpree arpreet Singh @ Happy and other per ying er persons who were accompanying him, had left. Af . After opening the gate, the compla ound complainant came outside and found his son to be lyin be lying in injured condition. He disc jured e disclosed that he had been injured by the accused H used Harpreet Singh @ Happy and h ed to and his associates. He was rushed to hospital but was t was declared to be brought dead. 3. After registration of the FIR, inv Afte were investigation proceedings were initiated. On the n the basis of supplementary statem , the statement of the complainant, the petitioner was no was nominated as an accused. She w and She was arrested on 25.09.2023 and suffered a disclo disclosure statement that she along w ingh long with her husband Malkit Singh had been engage ngaged to do labour work for accuse in ccused-Harpreet Singh @ Happy in June 2023. A dis . A dispute had taken place between and ween Harpreet Singh @ Happy and the victim. Accu . Accused Harpreet Singh @ Happy ha rself ppy had told her husband and herself to inform him, w , whenever they spotted Hardeep S ed to deep Singh @ Deepa as he wanted to take revenge fro from him. She further disclosed had losed that on 19.09.2023, they had found the victim victim in his village and had inform f the informed about the location of the victim to accused ccused-Harpreet Singh @ Happy thro ns of y through phone. On instructions of Harpreet Singh ingh @ Happy, they had kept an ey of an eye on the further activities of Hardeep Singh @ ingh @ Deepa, had followed him a exact him and had again given his exact location to the the accused- Harpreet Singh @ H used @ Happy and when the accused Harpreet Singh @ ingh @ Happy had reached at the sam was the same spot where the victim was present, they had ey had left the scene and returned to ation to their home. The investigation Jyoti 2025.04.03 16:05 I attest to the accuracy and integrity of this document CRM-M No.6434 of 2025 CRM -3- stands completed pleted and the petitioner along with th al for with the co-accused is facing trial for commission of af n of aforementioned offences. 4.
Legal Reasoning
It is argued by learned counsel for t It is been for the petitioner that she has been falsely implicate licated in this case on the allegation th tion that she did reiki qua the victim ictim and had given in iven information about his whereabou preet reabouts to the co-accused Harpreet Singh @ Happy appy thereby, facilitating the commi er of commission of offence of murder of the victim by th by the co-accused. However, no inj been no injury or specific role has been attributed to her to her. No call detail record or inc been incriminating material has been collected by the y the investigating agency to connec n of connect her with the commission of subject offences. ences. The trial is likely to take consid ut of considerable time since only 1 out of 22 witnesses, has has been examined so far. She is in has a he is in custody since long. She has a permanent abod abode. There are no chances of rther of her absconding. Her further incarceration wo on would not serve any useful purpos that purpose. Therefore, it is argued that she deserves to b es to be released on bail. 5. Short reply filed on behalf of respon Sho cord. respondent-State is taken on record. It is argued by le d by learned State counsel that the pet le in he petitioner played an active role in the conspiracy h racy hatched for murder of the victim preet victim by the co-accused Harpreet Singh @ Happy Happy. She along with her husband sband not only did reiki about the t the location of the v f the victim but also facilitated the co exact co-accused to reach at the exact location and com d commit murder of the victim. It is a the It is argued that keeping in view the gravity of the alle the allegations, she does not deserve to erve to be released on bail. 6. Rival contentions raised by both th Riva rd at both the parties have been heard at length. Jyoti 2025.04.03 16:05 I attest to the accuracy and integrity of this document CRM-M No.6434 of 2025 CRM -4- 7. The petitioner is alleged to have ha The - ave hatched conspiracy with the co- accused and in p d in pursuance of that conspiracy, she iki cy, she is alleged to have done reiki of the victim an im and disclosed about his whereabo o the ereabouts and exact locations to the accused-Harpree arpreet Singh @ Happy thereby, faci e are y, facilitating his murder. There are serious allegation egations against the petitioner. Keepin these Keeping in view the gravity of these allegations, the , the quantum of sentence which th and ich the conviction may entail and attendant facts a acts and circumstances but without ment hout meaning to make any comment on the merits of the case, lest they prejudice t the judice the trial, it is held that the petitioner does n does not deserve to be extended ben , the ed benefit of bail. Accordingly, the present petition i tition is dismissed. 02.04.2025 Jyoti-IV (MA (MANISHA BATRA) JUDGE Whether speaking/reasoned: Whether reportable : Yes/N es/No. es/No Yes/N Jyoti 2025.04.03 16:05 I attest to the accuracy and integrity of this document