Sant Lal v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH (through video conferencing) CRM-M-4453-2022 Date of decision:08.02.2022 Sant Lal ..... Petitioner

Versus

State of Haryana ..... Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Surinder Gaur, Advocate for the petitioner.

Mr. Karan Sharma, DAG, Haryana.

**** MANJARI NEHRU KAUL , J. (ORAL) Instant petition has been filed under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.268 dated 05.07.2021 under Sections 306, 328, 498-A IPC (Section 498-A IPC added later on) registered at Police Station Sadar Rohtak.

Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the case in hand as perusal of the FIR reveals that no overt act has been attributed to him in the occurrence in question and 'mens rea' on his part to commit the offence in question is clearly amiss. He submits that the marriage of the petitioner with the deceased was solemnized 15 years prior to the occurrence in question and they were blessed with two children. He further submits that the petitioner has been in custody since 06.07.2021 and since investigation has been completed, his custodial interrogation would no longer be required. It has also been submitted that there is no likelihood of the trial concluding in the near future as prosecution evidence has not yet commenced, hence, he be SONIA BURA 2022.02.09 10:18 I attest to the accuracy and authenticity of this document chandigarh

CRM-M-4453-2022 - 2 - extended the concession of bail.

Per contra, learned State counsel while opposing the prayer and submissions made by counsel opposite submits that there are serious allegations levelled against the petitioner of abetting the suicide of his wife. He on instructions from SI Jaswant submits that the prosecution evidence is due to commence from 02.03.2022.

Heard learned counsel and perused the paper book. In the facts and circumstances, as enumerated hereinabove and since the petitioner has been in custody since 06.07.2021 and trial will take considerable time to conclude coupled with the fact that the petitioner is not involved in any other criminal case, the present petition is allowed. The petitioner be admitted to bail to the satisfaction of the trial Court/Duty Magistrate concerned. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

08.02.2022 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONIA BURA 2022.02.09 10:18 I attest to the accuracy and authenticity of this document chandigarh