High Court of Punjab and HaryanaCRM-M/32217/2018allowed

Sheela v. State Of Haryana

2018-08-06Mr. Justice Jasgurpreet Singh Puri2 pages

224 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32217-2018 Date of decision: 06.08.2018 Sheela

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Arun Singal, Advocate, for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

**** JAISHREE THAKUR, J. (ORAL) 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.149 dated 08.06.2017 under Section 304-B, 34 IPC, registered at Police Station Israna, District Panipat.

Learned counsel appearing on behalf of the petitioner would contend that the petitioner herein has been in custody since 11.06.2017 and the co-accused has been allowed the concession of bail, whereas the husband, who is the main accused, is still in custody. In this background, he prays for grant of regular bail to the petitioner herein. Ms. Gaganpreet Kaur, learned AAG, Haryana, opposes the grant of regular bail to the petitioner herein alleging that there are serious Satyawan 2018.08.07 15:21 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-32217-2018 -2allegations against her.

I have heard learned counsel for the parties. In view of the fact that the petitioner has been in custody since 11.06.2017 and the co-accused has been allowed the concession of bail, whereas the husband, who is the main accused, is still in custody, no useful purpose would be served by keeping her incarcerated any more. 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(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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) He shall not leave the country without the previous permission of the Court.

Petition stands allowed.

06.08.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.08.07 15:21 I attest to the accuracy and authenticity of this document High Court Chandigarh