High Court of Punjab and HaryanaCRM-M/10644/2020dismissed

Nirottam v. State Of Haryana

2020-08-05Mr. Justice Harsimran Singh Sethi2 pages

CRM No. M-10644 of 2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (204) CRM No. M-10644 of 2020 (O&M) Date of Decision : 05.08.2020 Nirottam ....Petitioner

Versus

State of Haryana .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Sanjeev Kumar Panwar, Advocate for the petitioner. Mr. Munish Sharma, Assistant Advocate General, Haryana. Mr. Deepender Singh, Advocate for the complainant. *** (through video conferencing) Harsimran Singh Sethi, J. (Oral) CRM-18562-2020 Application is allowed, as prayed for.

CRM No. M-10644 of 2020 Present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in FIR No. 669 dated 03.09.2018, under Sections 304-B, 498-A, 34 IPC (Section 406 IPC added later on), registered at Police Station Sadar Palwal, District Palwal. Learned counsel for the petitioner argues that petitioner is behind the bars for the last more than one year and eight months and the challan has already been presented and some of the prosecution witnesses NARESH KUMAR 2020.08.05 17:36 I attest to the accuracy and integrity of this document Chandigarh

CRM No. M-10644 of 2020 (O&M) have also been examined and, therefore, keeping the petitioner behind the bars will serve no purpose and the petitioner be granted the concession of regular bail.

Learned State counsel on instructions from ASI Naresh Kumar as well as learned counsel for the complainant submits that though the challan has already been presented and some of the prosecution witnesses have also been examined but the material prosecution witness, namely, Meena, who is the younger sister of the deceased and was also married in the same matrimonial home, is yet to be examined and granting the petitioner the benefit of regular bail is likely to effect the trial at this stage. Faced with this situation, learned counsel for the petitioner prays that he be allowed to withdraw this petition with liberty to file a fresh one after the examination of prosecution witness, namely, Meena. Keeping in view the above, present petition is allowed to be withdrawn at this stage with liberty to the petitioner to approach this Court again after recording of the testimony of prosecution witness, namely, Meena.

August 05, 2020 ( HARSIMRAN SINGH SETHI ) kanchan/naresh.k JUDGE Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No NARESH KUMAR 2020.08.05 17:36 I attest to the accuracy and integrity of this document Chandigarh