High Court of Punjab and HaryanaCRM-M/2508/2015allowed

Pirthi And ANR. v. State Of Haryana

2015-02-16Mr. Justice Satpal3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 1.

Crl. Misc. No.M- 2508 of 2015(O&M) Date of Decision: February 16, 2015.

Pirthi and another ...... PETITIONER(s)

Versus

State of Haryana ...... RESPONDENT (s) 2.

Crl. Misc. No. M- 2843 of 2015(O&M).

Guddi ...... PETITIONER(s)

Versus

State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Jitender Dhanda, Advocate for the petitioners.

Mr. P.S.Sullar, Addl.A.G., Haryana.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

CRM No.5004 of 2015 in CRM No.M-2508 of 2015 For the reasons mentioned in the application, the same is allowed subject to all just exceptions and copy of judgment dated 20.01.2015 passed by

the learned Additional Sessions Judge, Faridabad is taken on record as Annexure P4.

CRM stands disposed of.

Main This order shall dispose of Crl.Misc. No.M-2508 of 2015 (Pirthi and another v. State of Haryana) and Crl.Misc. No.M-2843 of 2015 (Guddi v. State of Haryana).

Petitioners in both petitions pray for bail pending trial in FIR No.1149 dated 02.12.2013, under Sections 302/201/120B IPC, registered at police station Sohna, Gurgaon.

It is submitted that the petitioners have been charged for causing murder of one Seema and her husband, Jugla. In respect to deceased - Jugla, the present FIR No.1149 dated 02.12.2013 was registered at Police Station Sohna, Gurgaon. In respect to the murder of deceased - Seema, FIR No.747 dated 02.12.2013, under Sections 376D/302/364/201/120B IPC was registered at Police Station Sector 55, Faridabad against the same set of accused i.e., the petitioners before this Court.

It is contended that there is similar set of allegations in both the said cases against the petitioners. Two separate FIRs have been registered as dead body of Jugla was recovered in District Gurgaon and that of Seema in Faridabad. The petitioners stand acquitted in FIR No.747 dated 02.12.2013, registered at Police Station Sector 55, Faridabad vide judgment dated 20.01.2015 passed by the learned Additional Sessions Judge, Faridabad. Learned counsel for the petitioners submits that the entire

prosecution case rests on circumstantial evidence, which has been disbelieved leading to the acquittal of petitioners in the connected FIR, which is based on identical allegations and the same set of witnesses and evidence. Petition for bail pending trial in respect to petitioner - Guddi had been withdrawn at an earlier stage on 12.01.2015 to await the decision of FIR No.747 dated 02.12.2013. Now all the accused have been acquitted in the abovesaid FIR and subsequent application for bail has been moved on her behalf. Learned counsel for the State confirms and verifies the acquittal of the petitioners in FIR No.747 dated 02.12.2013, registered at Police Station Sector 55, Faridabad Keeping in view the facts and circumstances of the case but without commenting or expressing any opinion on the merits of the case, it is considered just and expedient to allow these petitions.

Accordingly, both the petitions filed by Pirthi, Sanjay and Guddi are allowed. Petitioners shall be released on bail pending trial subject to their furnishing requisite bail bonds and surety bonds to the satisfaction of the Trial Court.

Any observations made here-in-above shall not be construed to be a reflection on merits of the case and shall have no bearing on trial. ( LISA GILL ) February 16, 2015.

JUDGE 'om'