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High Court of Punjab and HaryanaCRM-M/25034/2018allowed

Durgawati Devi v. State Of Haryana

2018-11-17Mr. Justice Jasgurpreet Singh Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-25034-2018 (O&M) Date of decision: 17.11.2018 Durgawati Devi

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Amerinder Singh, Advocate, for Mr. Dinesh Sah, Advocate, for the petitioner.

Mr. D.R. Singla, DAG, Haryana.

**** JAISHREE THAKUR, J. (ORAL) CRM-40357-2018 Application is allowed as prayed for.

Annexure P-7 (Colly.) is taken on record.

This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.1087 dated 19.11.2017 under Section 304-B/34 IPC, registered at Police Station Saran, Faridabad.

Reply on behalf of the respondent-State has been filed in Court today, which is taken on the record.

Learned counsel appearing on behalf of the petitioner would

contend that the petitioner, who is the mother-in-law of the deceased has been in judicial custody since 23.11.2017, while further arguing that the petitioner herein has been falsely implicated. It is contended that two material witnesses have already been examined while the husband, who is the main accused, has also been allowed regular bail by the trial Court by order dated 14.11.2018.

Appearance has been caused by Mr. Sarvesh Kumar Gupta, Advocate, on behalf of the complainant as well as the respondent/State, who oppose the grant of regular bail, however, are not in a position to dispute the fact that the material witnesses have been examined and that the husband of the deceased has been granted regular bail. In this background, he prays for grant of bail to the petitioner.

I have heard learned counsel for the parties. In view of the fact that the petitioner herein has been in custody since 23.11.2017 and out of 22 witnesses only 04 witnesses have been examined, the trial is likely to take some time to conclude, the present petition is allowed. Without expressing any opinion on merits of the case, the petitioner is ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, concerned subject to following terms:- (i) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel

his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the accused shall have to apply for bail afresh before the trial Court.

(iii) She shall not leave the country without the previous permission of the Court.

17.11.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.