High Court of Punjab and HaryanaCRM-M/38476/2016allowed

Phool Kumar v. State Of Haryana

2016-12-07Mrs. Justice Raj Rahul Garg2 pages

CRM-M-38476-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38476-2016 Date of Decision:- 07.12.2016 Phool Kumar ....Petitioner

Versus

State of Haryana ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Tanu Bedi, Advocate for Mr. Nishant Raj Ghangas, Advocate for the petitioner.

Mr. D.R. Singla, DAG, Haryana.

**** RITU BAHRI, J. (Oral) Present petition is for release of petitioner on regular bail in FIR No.1547 dated 16.11.2015, under Sections 304-B/34 IPC, registered at Police Station City Panipat, District Panipat. Learned counsel for the petitioner submits that the petitioner is brother of husband of the deceased and is residing separately from his brother much prior to his marriage and he has two children. Perusal of the FIR shows that there was no specific allegation for dowry against the present petitioner and daughter of the complainant has died in her parental house.

Learned State counsel has informed that out of total 19 witnesses, 2 has since been examined and while recording crossNaresh Kumar 2016.12.08 15:27 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-38476-2016 -2examination of the complainant, two applications for seeking voice sample of husband of the deceased and custody of the minor child have been moved.

I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. The petitioner was arrested on 22.11.2015. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. The final conclusion of trial will take a long time. In view of above facts, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Judge/Duty Magistrate, Panipat.

Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the main case, in any manner. December 07, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.12.08 15:27 I attest to the accuracy and integrity of this document Chandigarh