Krishna v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-41366-2017 Date of decision: 20.07.2018 Krishna

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Ms. Sharmila Sharma, Advocate for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 390 dated 27.09.2017 under Section 306/34 IPC, registered at Police Station Sadar, Sonipat.

This Court was pleased to pass the following order on 03.11.2017 :- "Learned counsel for the petitioner contends that the offence under Section 306/34 IPC would not be made out against the petitioner herein. In fact, an affidavit had been filed by the cousin sister of the deceased stating therein that no such altercation took place between deceased and the petitioner herein and that she had consumed poison on account of the fact that she was being called characterless by her husband, mother-inlaw and other family members. It is contended that no Satyawan 2018.07.23 14:55 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-41366-2017 -2recoveries are to be made from the petitioner and that she is ready to join investigation. He further submits that there is no suicide note or dying declaration by the deceased except a bald statement of the husband of the deceased, who was not present at the relevant time. Notice of motion for 08.02.2018.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

Learned counsel for the petitioner submits that the petitioner has joined the investigation.

Learned counsel for the respondent-State, on instructions from the Investigating Officer, confirms the factum of joining investigation by the petitioner.

Since the petitioner has joined the investigation, the petition is allowed and interim order dated 03.11.2017 is hereby made absolute subject to the condition that the petitioner will not tamper with evidence or hamper the investigation; will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C. 20.07.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.07.23 14:55 I attest to the accuracy and authenticity of this document High Court Chandigarh