Premo v. State Of Haryana

CRM No.M-11014 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 11014 of 2017(O&M) Date of Decision: May 3 , 2017.

Premo ...... PETITIONER (s)

Versus

State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Ivneet Singh Pabla, Advocate for the petitioner.

Mr. Sanjay K.Saini, AAG, Haryana.

***** LISA GILL, J.

Petitioner is the mother-in-law of the deceased. She seeks bail pending trial in FIR No.84 dated 29.10.2016 under Sections 306/34 IPC registered at Police Station GRP, Bahadurgarh. It is submitted that general allegations have been levelled against all the accused. The father-in-law and the brother-in-law named in the FIR were found innocent during investigation. The allegation is that a demand for a motorcycle was raised by the in-laws of the deceased. It is submitted that the petitioner, who is over 62 years of age, has no use of the motorcycle if at all demanded. Discord, if any, would be between the deceased and her husband. The petitioner has no role to play in committing of suicide by the deceased. The deceased, it is alleged, committed suicide by coming under a train. It is thus submitted that the petitioner, who has been in custody since 29.10.2016, be Omkar Singh 2017.05.03 18:02 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-11014 of 2017 [2] granted the concession of bail pending trial. Learned counsel for the State submits that there is a specific allegation of a demand of a motorcycle by the in-laws of the deceased. Being fed up of the harassment meted out by the petitioner and her son, the deceased gave up her life by coming before a train. Thus this petition be dismissed. However, it is not denied that challan/final report under Section 173 Cr.P.C. in this case has been presented. No recovery is to be effected from the petitioner. Prosecution evidence is yet to led. Trial in this case is not likely to conclude in the near future. The husband of the deceased is in custody. It is not denied that the petitioner is not involved in any other case.

There are no allegations on behalf of the State that the petitioner is likely to abscond or that she is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this petition filed by Premo is allowed. The petitioner shall be released on bail pending trial subject to her furnishing requisite bail bonds and surety to the satisfaction of the learned Trial Court.

It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) May 3 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.05.03 18:02 I attest to the accuracy and authenticity of this document Chandigarh