The High Court
Case Details
CRM-M-58588-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-58588-2024 Reserved on: 13.01.2025 Pronounced on: 27.01.2025 Sonam ...Pe(cid:10)(cid:10)oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
Mr. Naveen Sharma, Advocate for the pe(cid:10)(cid:10)oner. Mr. Akshay Kumar, A.A.G, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta1on Sec1ons 06 23.01.2024 Jodhewal, District Ludhiana 304 IPC 1. The pe(cid:10)(cid:10)oner, who assaulted her husband due to which he allegedly died and is in custody on the allega(cid:10)ons of culpable homicide not amoun(cid:10)ng to murder punishable under Sec(cid:10)on 304 IPC, has come up before this Court under Sec(cid:10)on 439 Cr.PC seeking regular bail. 2. In paragraph 11 of the bail pe(cid:10)(cid:10)on, the accused declares that he has no criminal antecedents. 3. The facts and allega(cid:10)ons are being taken from the translated FIR, which reads as follows: “Statement of Yogesh Kumar son of Late Jaswant Rai Resident of House No:68/1, Street No:06, New Basant Vihar Noorwala Road Police Sta&on Bas& Jodhewal, Ludhiana, aged 40 years, stated that I am resident of the said address and work in hosiery factory. My brother Gorav Kumar age 37 years, who lives with me at the said address is married with Sonam daughter of Narendra Verma Resident of House No: 824/825 Mohalla Panchsheel Colony Near Raghunath Mandir Noorwala Road Police Sta&on Bas& Jodhewal, Ludhiana, aged about 27 years old, my brother had the back room of the house, I have the front room of the house. Today, &me was about 07-00 AM, I was at home, Suddenly heard the sound of crying, I 1 JYOTI 2025.01.28 15:22 I attest to the accuracy and integrity of this order/judgment. CRM-M-58588-2024 came out of my room and saw that my brother Gorav Kumar and my sister-in-law Sonam, daughter of Narendra Verma, resident of house no.824/825, Mohalla Panchsheel Colony Near Raghunath Mandir Noorwala Road Police Sta&on Bas& Jodhewal, Ludhiana were having an argument. My sister in law was holding, thread cu8er in her hand and whilst this, they had a fight, during this fight, the thread cu:ng cu8er held in my sister-in- law's hand hit into neck of my brother Gorav and my brother started bleeding, my brother fell on the floor and started crying loudly, then the people of our neighbourhood gathered. So our neighbor Vipan Thakur and I arranged a private vehicle for my brother Gorav Kumar and took him to CMC Hospital Ludhiana for treatment. Where my brother Gorav Kumar died. The dead body of my brother Gorav Kumar is lying in the mortuary CMC Hospital Ludhiana. I have came to police sta&on to give informa&on alongwith my neighbour Vipan Kumar Thakur. Appropriate ac&on be taken against my sister-in-law Sonam, daughter of Narendra Verma, resident of house no. 824/825, Mohalla Panchsheel Colony Near Raghunath Mandir Noorwala Road Police Sta&on Bas& Jodhewal, Ludhiana. Statement has been recorded with you, heard it is correct.” 4. Counsel for the pe(cid:10)(cid:10)oner has drawn a6en(cid:10)on of this Court to the statement of PW-1-Yogesh Kumar, who is real brother of the deceased and did not support the prosecu(cid:10)on. He submits that the rela(cid:10)onship between his brother and his sister-in-law were cordial. He further submits that in addi(cid:10)on to the statement of PW-1-Yogesh Kumar, there is no other evidence. 5. The pe(cid:10)(cid:10)oner's counsel prays for bail by imposing any stringent condi(cid:10)ons and contends that further pre-trial incarcera(cid:10)on would cause an irreversible injus(cid:10)ce to the pe(cid:10)(cid:10)oner and her family. 6. 7. The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to the following por(cid:10)ons of the status report, which read as follows: “3. xxxx on 23.01.2024, complainant- Yogesh Kumar made a statement with the police levelling allega&ons that his brother Gourav Kumar, aged 37 years, was married to the present pe&&oner. However, on 23.01.2024 at about 7.00 a.m. the complainant suddenly heard loud noises on which the complainant came out of his room and saw that his brother Gourav JYOTI 2025.01.28 15:22 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-58588-2024 Kumar and his brother's wife Sonam (present pe&&oner) were arguing with each other. The present pe&&oner was holding a Thread Cu8er in her hand and during scuffle, the Thread Cu8er hit/struck the throat of the complainant's brother as a result of which he started to bleed, fell down and raised an alarm loudly on which people of the vicinity gathered and thereaDer the complainant's brother was taken to CMC Hospital where he succumbed to his injury. Accordingly, an FIR No.006 dated 23.01.2024, u/s 304 IPC, P.S. Jodhewal, Ludhiana (Annexure P-1) registered against the present pe&&oner. In the post-mortem report of the deceased, the doctor has documented total three injuries i.e. (i) A stab wound on the leD side of neck; (ii) Two stab wounds on the leD side of chest; and (iii) Mul&ple brown scabbed abrasions on leD clavicle area. The cause of death has been men&oned by the doctor as "Injury No.1 which is antemortem and is sufficient to cause death in the ordinary course of nature.” 4. That accordingly the pe&&oner was arrested on 23.01.2024 and she got recovered the said Thread Cu8er used by her in the crime which was kept concealed by her in the bed. The complainant also duly iden&fied the pe&&oner to have caused the death of his brother with the strike of Thread Cu8er. ROLE OF THE PETITIONER AND EVIDENCE AGAINST THE PETITIONER:- 5. That the pe&&oner has caused the death of her husband with the strike of Thread Cu8er and there are sufficient medical evidence against the pe&&oner which is connected with the recovery of weapon used by the pe&&oner in crime as men&oned above. Thus considering the seriousness of the crime, the pe&&oner is not en&tled for the concession of bail. However, as per police record, no other FIR has been registered against the pe&&oner.” 8. The post-mortem report points towards one stab wound on the le@ side of the neck and two stab wounds on the le@ side of the chest and mul(cid:10)ple brown scabbed abrasions on le@ clavicle area. The pe(cid:10)(cid:10)oner was last seen with the deceased, as such, even if brother of the deceased has turned hos(cid:10)le, it would not undermine the evidence of last seen. Considering the serious nature of allega(cid:10)ons and the pe(cid:10)(cid:10)oner is a woman would also not be a ground to grant her bail. Her custody is around of one year is also not a ground of bail. JYOTI 2025.01.28 15:22 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-58588-2024 9. A perusal of the bail pe(cid:10)(cid:10)on and the documents a6ached primafacie points towards the pe(cid:10)(cid:10)oner’s involvement and does not make out a case for bail. The impact of crime would not jus(cid:10)fy bail. Any further discussions will likely prejudice the pe(cid:10)(cid:10)oner; this court refrains from doing so. 10. The pe(cid:10)(cid:10)oner’s custody is around one year cannot be termed prolonged, given the minimum sentence prescribed for the offense. 11. Any observa(cid:10)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 12.
Decision
Pe11on dismissed. All pending applica(cid:10)ons, if any, are disposed of. (ANOOP CHITKARA) JUDGE 27.01.2025 Jyo1-II Whether speaking/reasoned: Whether reportable: Yes No. JYOTI 2025.01.28 15:22 I attest to the accuracy and integrity of this order/judgment. 4