High Court of Punjab and HaryanaCRM-M/21965/2018allowed

Ram Murti @ Murti v. State Of Haryana

2018-06-01Mr. Justice Gurmit Ram2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No. M-21965 of 2018 Date of decision: 01.06.2018 Ram Murti @ Murti ..Petitioner

Versus

State of Haryana ..Respondent

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

Present:

Mr. Shalender Mohan, Advocate for the petitioner.

Mr. Chetan Sharma, AAG, Haryana for the respondent -State.

*** Daya Chaudhary, J. (Oral) The present petition has been filed under Section 439 Cr.P.C. on behalf of petitioner-Ram Murti @ Murti for grant of regular bail in case FIR No.1053 dated 22.10.2017 registered under Section 306 read with Section 34 of Indian Penal Code at Police Station Sadar, Hisar. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case whereas no offence is made out under Section 306 IPC. Neither any specific allegation is there nor any connecting evidence that the petitioner instigated the deceased to commit suicide. Learned counsel further submits that only challan has been presented and the trial may take some time to conclude. Learned counsel also submits that no purpose would be served by keeping the petitioner in custody as she is in custody since 07.12.2017. Nothing is to be recovered from her.

Neetu Rani 2018.06.04 14:56 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Misc. No. M-21965 of 2018 Learned State counsel has opposed the submissions made by learned counsel for the petitioner.

Heard arguments of learned counsel for the petitioner as well as learned State counsel and have also perused the contents of the FIR and other documents available on the file.

Admittedly, the investigation has been completed and allegations are matter of evidence to prove during trial as to whether any abetment was there on the part of the petitioner or not. The petitioner is in custody since 07.12.2017 and nothing is to be recovered from her. There was delay in lodging of the FIR.

Keeping in view the submissions made by learned counsel for the petitioner, the present petition is allowed and the petitioner (Ram Murti @ Murti) is directed to be released on regular bail subject to her furnishing bail/surety bonds to the satisfaction of the trial Court. 01.06.2018 (DAYA CHAUDHARY) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable No Neetu Rani 2018.06.04 14:56 I attest to the accuracy and authenticity of this document Chandigarh