Bimla Devi v. State Of Haryana

Crl. Misc. No. M-26442 of 2017 [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No. M-26442 of 2017 Date of Decision : September 27,2017 Bimla Devi ...............................................................Petitioner

Versus

State of Haryana ..................................................... Respondents CORAM : HON'BLE MRS. JUSTICE LISA GILL ...

Present:

Mr. Robin Singh Hooda, Advocate for the petitioner.

Mr. Sanjay K. Saini, AAG, Haryana.

Mr. Chiranjiv Bansal, Advocate for Mr. Vikram Singh, Advocate for the complainant.

...

LISA GILL, J. (Oral) The petitioner, who is the mother-in-law of the deceased, seeks the concession of bail pending trial in FIR No. 416 dated 12.08.2015 under Sections 304-B/ 34 IPC registered at Police Station Sadar Sonepat. It is submitted that general allegations have been raised against the petitioner. As per the post-mortem report no injury was detected on the person of the deceased thereby falsifying the allegations that she was subjected to physical abuse before forcibly poisoning her. Moreover, the material witnesses including the complainant and the Investigating Officer in this case have been examined. The petitioner has been in custody since 8th September 2015. Therefore, this petition be allowed. Learned counsel for the State, on instructions, from ASI Rupinder Kaur 2017.09.28 13:48 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-26442 of 2017 [ 2 ] Bijender, Police Station Sadar Sonepat, verifies that the cause of death in this case is due to phosphorus sulphate poisoning. No injuries were detected on the person of the deceased as per the post-mortem report. It is verified that the material witnesses including the complainant and the Investigating Officer have been examined. Ten prosecution witnesses are yet to be examined. The petitioner is not reported to be involved in any other criminal case. There are no allegations that petitioner is likely to abscond or that she is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. No useful purpose shall be served by keeping the petitioner incarcerated any longer.

Keeping in view the facts and circumstances noted above but without expressing any opinion on the merits of case, it is considered just and expedient to allow this petition. Consequently, the petitioner be released on bail pending trial subject to her furnishing requisite bail bonds and surety bonds to the satisfaction of the learned trial Court. None of the observations made here-in-above shall be construed to be a reflection on merits of the case and shall have no bearing on trial.

( LISA GILL ) 27.09.2017 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No Rupinder Kaur 2017.09.28 13:48 I attest to the accuracy and integrity of this document