Pooja v. State Of Haryana

CRM-M No.10375 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.10375 of 2018 Decided on: 18.05.2018 Pooja ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Lakshay Bajaj, Advocate for the petitioner. Mr. Himmat Singh, DAG, Haryana.

Mr. J.S. Saneta, Advocate for the complainant. ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.107 dated 21.02.2018 registered under Section 306 IPC at Police Station Quilla, District Panipat.

The petitioner was granted interim anticipatory bail vide order dated 20.03.2018 by this Court, by passing the following order:- "Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.107 dated 21.02.2018 under Section 306 IPC, registered at Police Station Quilla, Panipat.

Learned counsel for the petitioner submits that the petitioner is a married woman and the allegations of her illicit relationship with the deceased husband of the complainant are baseless. It is further submitted that neither any suicide note was recovered nor the police has recorded the statement of any of the Panchayat members, which according to the complainant were convened regarding the illicit relationship of the petitioner with the deceased husband of the complainant. Counsel for the petitioner further submits that a perusal of the FIR does not reveal that the petitioner has acted in a manner, which abetted the deceased Jai Kumar to commit suicide. Mohd. Yakub 2018.05.18 18:04 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.10375 of 2018 Learned State counsel, on instructions from ASI Naresh Kumar, has not disputed the factual position and submits that there is no suicide note and no evidence has come forward with regard to convening of Panchayat, as alleged in the FIR.

List again on 18.05.2018.

In the meantime, petitioner is directed to appear before the Investigating Officer within a period of 10 days to join the investigation and she shall be released on interim bail on furnishing bail/surety bonds subject to the following conditions:-

1. She shall make herself available for interrogation by a police officer as and when required;

2. She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

3. She shall not leave India without previous permission of the Court."

Counsel for the petitioner submits that the petitioner, in pursuance to the order dated 20.03.2018, has already appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from SI Rajesh Kumar, has not disputed the factual position and submits that the petitioner has joined the investigation and is no more required for any further investigation.

In view of the above, the petition is allowed and the interim bail granted to the petitioner vide order dated 20.03.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

18.05.2018 (ARVIND SINGH SANGWAN) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.05.18 18:04 I attest to the accuracy and authenticity of this document Chandigarh