High Court of Punjab and HaryanaCRM-M/43997/2016allowed

Sandeep Kumar v. Ut Of Chandigarh

2016-12-14Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-43997 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-43997 of 2016 Date of decision : 14.12.2016 Sandeep Kumar ....Petitioner versus U.T. Chandigarh

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Rajeev Duggal, Advocate for the petitioner Mr. Gautam Dutt, Advocate for U.T. Chandigarh **** RITU BAHRI , J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner, in a case arising out of FIR No. 166 dated 22.08.2016, registered at Police Station Sector 36, Chandigarh, who has been booked for having committed the offence punishable under Section 304-B/34 IPC. The marriage of the petitioner was solemnized with the daughter of the complainant on 21.06.2014. One daughter was also born on 04.07.2015 and on 12.08.2016, the daughter of the complainant expired. The allegations against the petitioner that he provoked the daughter of the complainant to commit suicide. Learned counsel at the very outset referred to a statement of the complainant under Section 164 Cr.P.

C wherein he stated that he lodged the present complaint against the petitioner on someone's provocation and due to shock of death of her daughter (P-4). Complainant has also given affidavit in this regard (P-3). GAURAV ARORA 2016.12.

Crl. Misc. No. M-43997 of 2016 -2Learned counsel appearing for U.T does not dispute the above factual position and submits that the challan has been presented in this case.

The petitioner is in custody since 25.08.2016 Keeping in view the fact that the complainant has given his statement that he had lodged the present F.I.R due to provocation and due to shock of death of her daughter and the fact that trial is likely to take some time to conclude, the present petition is allowed. Petitioner is ordered to be released on bail during pendency of the trial of the present case, subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Chandigarh. 14.12.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.12.15 16:13 I attest to the accuracy and integrity of this document Chandigarh