Kiran v. State Of Haryana

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-2680 of 2015 .....

Date of decision:21.2.2015 Kiran

...Petitioner

v.

State of Haryana

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Bijender Dhankhar, Advocate for the petitioner. Mr. Surinder Singh Pannu, Deputy Advocate General, Haryana for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.369 dated 2.12.2014 (Annexure-P.1) registered for the offences under Section 343, 363, 374 and 328 IPC and Section 3(vi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the `SC & ST Act') at Police Station Agroha, District Hisar. Notice of motion has been issued in this case. Mr. S.S. Pannu, learned Deputy Advocate General, Haryana has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as HARPAL SINGH PARMAR 2015.02.21 15:50 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-2680 of 2015 [2] learned Deputy Advocate General, Haryana appearing for the respondentState and have gone through the record. From the record, I find that the allegations against the present petitioners are for the offences under Sections 363 and 374 IPC, which are bailable offences and the only non-bailable offence is under Section 328 IPC and the offence under Section 3(vi) of the SC & ST Act. In the present case, the main offence under Section 366-A IPC has already been deleted. The petitioner is in custody since 23.12.2014. She is no more required for any interrogation and investigation purposes as she is in judicial custody. Nothing is to be recovered from her. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case.

Therefore, keeping in view the facts and circumstances of the present case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to her furnishing personal bond in the sum of `30,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate, Hisar. February 21, 2015.

(Inderjit Singh) Judge *hsp* HARPAL SINGH PARMAR 2015.02.21 15:50 I attest to the accuracy and authenticity of this document Chandigarh