High Court of Punjab and HaryanaCRM-M/37803/2018allowed

Sombir v. State Of Haryana

2018-09-21Mr. Justice Rajesh Bhardwaj2 pages

Crl. Misc. No. M-37803 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-37803 of 2018 Date of Decision: 21.9.2018 Sombir ......Petitioner

Versus

State of Haryana .....Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Ram Pal Verma, Advocate for the petitioner.

Ms. Priyaka Sadar, AAG, Haryana.

**** ANITA CHAUDHRY, J The petitioner is seeking regular bail in FIR No. 559 dated 31.8.2017 registered at Police Station City, Sonepat under Sections 498-A, 304-B IPC.

Counsel for the petitioner contends that petitioner is in custody for over a year and the complainant side is not appearing and they have not appeared even after bailable warrants were issued against them and the zimni orders have been placed on record. The counsel further submits that the sister of the deceased is married to the petitioner's brother and she had made a statement in their favour and it was not a dowry death. The zimni orders placed on record show that on 16.3.2018, the complainant and other family members were not served but they moved an application for exemption and their presence was exempted on the condition that they would appear on the next date of hearing. The case was adjourned for over two months later, on which date they failed to appear and bailable warrants were issued against them for 1.8.2018. The witnesses again failed GURPREET SINGH 2018.09.24 15:58 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-37803 of 2018 -2to appear though service had been effected on the complainant through their mother. Naveen had also been served. It appears that they are avoiding the witness box. The trial would take time.

Without commenting anything on the merits of the case and considering the fact that the trial will take time to conclude, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate. (ANITA CHAUDHRY) JUDGE September 21, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.09.24 15:58 I attest to the accuracy and authenticity of this document chandigarh