High Court of Punjab and HaryanaCRM-M/12363/2021allowed

Harjinder Kaur v. State Of Haryana

2021-06-29Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 12363 of 2021 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 12363 of 2021 Date of Decision: 29.6.2021 Harjinder Kaur ......Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. S.S.Nara, Advocate for the petitioner.

Mr. Amrik Singh Narwal, DAG, Haryana.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. The petitioner seeks regular bail in FIR No. 102 dated 01.5.2019 under Sections 148, 149, 201, 302, 323, 364 IPC registered at Police Station Mullana, District Ambala.

Short affidavit of Deputy Superintendent of Police, Barara, District Ambala dated 17.6.2021, filed in the Registry, is taken on record. Learned counsel for the petitioner submits that the allegation against the petitioner is that she caught hold of deceased Manpreet Singh from his collar and her husband and Kuldeep Singh gave a danda blow on the head of deceased Manpreet Singh; that there is a delay in lodging the present FIR as the occurrence took place on 29.4.2019 whereas the FIR in question was registered on 01.5.2019; that the petitioner has been in custody since 14.5.2019; and that out of 27 prosecution witnesses, only 09 witnesses GURPREET SINGH 2021.06.29 16:07 I attest to the accuracy and integrity of this document Chandigarh have been examined and out of the said 09 witnesses, 06 witnesses,

CRM-M No. 12363 of 2021 -2including the complainant, have not supported the prosecution case and have been declared hostile.

On the other hand, learned State counsel submits there is a specific allegation against the petitioner that she caught deceased Manpreet Singh but has not disputed the fact that the complainant along with other prosecution witnesses have turned hostile.

In the present case, six prosecution witnesses including the complainant, have not supported the prosecution version and have turned hostile. The petitioner has been in custody since 14.5.2019. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars. Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on her furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE June 29, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2021.06.29 16:07 I attest to the accuracy and integrity of this document Chandigarh