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High Court of Punjab and HaryanaCRM-M/25512/2020disposed of

Geeta @ Beli v. State Of Haryana

2020-09-04Mr. Justice Fateh Deep Singh3 pages

   

      

  !" "#$%$&'( Geeta @ Beli

Petitioner  State of Haryana

Respondent

' )*  +   +  Present :

Mr. Amit Choudhary, Advocate for the petitioner.

Mr. B.S. Virk, DAG, Haryana.

***   + ,

* The petitioner'Geeta @ Beli has sought first regular bail under Section 439 Cr.P.C in case FIR No.474, dated 10.10.2019, under Sections 306 and 34 IPC, 1860 registered at Police Station S.G.M. Nagar (Sanjay Gandhi Memorial Nagar), District Faridabad, Haryana.

The petitioner Geeta @ Beli happens to be aged mother of Mahabir. The background of the case stands from the facts that Manisha (now deceased) often used to be found talking to Mahabir to which the parents had objected to being neighbours. It was on 03.06.2019 Manisha and Mahabir eloped regarding which an FIR was got registered. It is, thereafter, upon registration of the FIR, family members of Mahabir namely, Sandeep, Pardeep, Rahul, Shilpa, Belli mother and Meri Bhabhi started pressurizing

  the complainant side family of Manisha to enter into the compromise and even threatened them. It is subsequent thereto Manisha is alleged to have committed suicide by hanging. The petitioner Geeta @ Beli happens to be the mother of Mahabir. Learned counsel for the petitioner inter alia contends that there are only vague allegations of threat by the accused side including the petitioner to the family of the deceased in which the petitioner has no specific role attributed to her and has sought to doubt the applicability of abetment to suicide by the petitioner. Learned State counsel has strongly opposed the bail on the grounds that there are specific allegations that the accused were instrumental in threatening the family of the girl which forced the girl to commit suicide and, therefore, the petitioner is not entitled to any relief.

Appreciating the submissions and on a plain reading of the allegations, a debatable issue arises over the applicability of offence of abetment to suicide and that too by the petitioner to whom no specific role is attributed in the commission of the offence.

Keeping in view the prevalent pandemic and the circumstances detailed hereinabove and the fact that the petitioner is behind the bars for a long time and there is every likelihood that the trial is not likely to be concluded in the near future, without

 - feeling the necessity to advert to the merits of the case, no useful purpose would be served by keeping the petitioner in custody. Accordingly, the instant petition for regular bail is allowed. The petitioner'Geeta @ Beli is ordered to be released on regular bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, concerned.

The present petition stands disposed off accordingly. The observations made hereinabove shall have no bearing on the merits of the case as these are purely for the disposal of the present bail application.

 

  +    04.09.2020 Manpreet Whether speaking/reasoned Yes Whether reportable No