High Court of Punjab and HaryanaCRM-M/18846/2016allowed

Satbir v. State Of Haryana

2016-08-10Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-18846 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-18846 of 2016 Date of Decision: 10.08.2016 Satbir ......Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. N.S.Shekhawat, Advocate for the petitioner.

Ms. Dimpla Jain, AAG, Haryana.

**** ANITA CHAUDHRY, J(ORAL) The petitioner is seeking regular bail in FIR No. 370 dated 3.11.2015 registered at Police Station Sadar Gohana, District Sonepat under Sections 304-B, 34 IPC.

Zimni orders have been placed on record.

Petitioner is the father-in-law who is seeking bail in case registered under Section 304-B, 34 IPC. On the last hearing, counsel for the petitioner had stated that the complainant was not appearing in the Court. The zimni orders show that PW Pardeep was present in the Court but request was made on behalf of the defence counsel and the witness was bound down for 23.5.2016. Complainant Partap Singh failed to appear despite service on 23.5.2016 and his warrants were issued. On 1.6.2016 prosecution had been directed to produce the complainant in the trial Court on 13.7.2016.

There were directions by this Court also that the prosecution would produce the complainant on 13.7.2016. The complainant was Gurpreet Singh Bhatia 2016.08.12 16:42 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-18846 of 2016 -2represented by a counsel but the complainant failed to appear and warrants were issued. The case was fixed for 9.8.2016 before the trial Court. Counsel for the petitioner has informed that the complainant has failed to appear even yesterday.

The complainant side is delaying the trial and avoiding their appearance in the Court.

Without commenting anything on the merits of the case and considering the fact that the trial will take time to conclude, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing local surety and adequate bonds to the satisfaction of the trial Court/Duty Magistrate.

(ANITA CHAUDHRY) JUDGE August 10, 2016 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Gurpreet Singh Bhatia 2016.08.12 16:42 I attest to the accuracy and authenticity of this document High Court Chandigarh