Resham v. State Of Haryana

CRM-14654-2021 in/and CRM-M-25083-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-14654-2021 in/and CRM-M-25083-2020 Date of Decision:July 12, 2021 Resham .....Petitioner

Versus

State of Haryana and another ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Sarfraj Hussain,Advocate for the petitioner. Mr.B.S.Virk, Deputy Advocate General, Haryana. ........

RAJESH BHARDWAJ, J. (ORAL) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

CRM-14654-2021 For the reasons mentioned in the application, the same is allowed and CRM-M-25083-2020 is taken up on Board today itself. CRM-M-25083-2020 Instant petition has been filed under Section 439 Cr.P.C. praying for grant of regular bail to the petitioner in case FIR No.57, dated 29.01.2020, under Sections 304-B, 34, 498-A, and 506 IPC, registered at Police Station City Sohana, Gurugram.

Learned counsel for the petitioner contends that the petitioner is an old lady, who is mother-in-law of deceased-Alka. He further submits that she has been falsely implicated as she had no role to play for the offences for MEENU 2021.07.12 17:27 I attest to the accuracy and authenticity of this document chandigarh

CRM-14654-2021 in/and CRM-M-25083-2020 -2which she has been charged. However, she being mother-in-law has been implicated in the FIR by father of the deceased, namely, Lakhi Ram. Learned counsel further contends that the petitioner was arrested on 30.01.2020 and hence, she has suffered enough incarceration behind bars. It is further submitted that investigation is already over and hence, there is no threat whatsoever to the prosecution of interfering with the fair trial before the Court.

Mr.B.S.Virk, learned State counsel also endorsed the date of arrest of the petitioner. He, however, contends that the charges are already framed and the next date for commencing the prosecution evidence is 16.08.2021. It is further contended that both, i.e., husband of the petitioner as well as husband of the deceased are behind bars. In totality of the facts and circumstances of the case, I find that investigation is over. The petitioner is mother-in-law of the deceased and is behind bars since 30.01.2020. Hence, in view of the facts and circumstances, I find that counsel for the petitioner has made out a case for grant of regular bail to the petitioner.

Bail to the satisfaction of the trial Court/Duty Magistrate concerned.

July 12, 2021 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2021.07.12 17:27 I attest to the accuracy and authenticity of this document chandigarh