High Court of Punjab and HaryanaCRM-M/6535/2017allowed

Vijay Kumar @ Bija v. State Of Punjab

2017-03-22Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-6535 of 2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-6535 of 2017 Date of decision :- 22.03.2017 Vijay Kumar @ Bija ....Petitioner versus State of Punjab

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Sandeep Arora, Advocate for the petitioner Mr. Jaspreet Sekhon, AAG, Punjab **** 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. 69 dated 30.03.2016, registered at Police Station Shahkot Distt. Jalandhar, who has been booked for having committed the offence punishable under Section 304-B/34 IPC (later on challan presented under Section 306 IPC (including for offences under Section 498-A/304-B and 302/34 IPC for charge sheet framed against petitioner and others).

Learned counsel submits that initially F.I.R was registered under Section 304-B IPC . However, during investigation, offence under Section 304-B IPC was not made out and challan was filed under Section 306 IPC. On the basis of challan, a charge sheet under Sections 498A/304-B/302/34 IPC was filed. The allegations against the petitioner-husband is that he had made telephonic call to the family of the deceased and asked them to take GAURAV ARORA 2017.03.23 16:58 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-6535 of 2017 -2away the body of the deceased. However, with regard to telephonic call made by the petitioner, there is no evidence that any telephone call was made by the petitioner and neither the family of the deceased had given any number from which they received the telephonic call from the petitioner.

Learned State counsel on instruction from Investigating Officer states that out of 19 witnesses, 01 has been examined. Heard.

Petitioner is in custody since 31.03.2016 Keeping in view the fact that the 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, Jalandhar.

22.03.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.03.23 16:58 I attest to the accuracy and integrity of this document Chandigarh