High Court of Punjab and HaryanaCRM-M/6407/2018disposed of

Krishna Devi v. State Of Haryana

2018-02-26Mr. Justice Jasgurpreet Singh Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-6407-2018 Date of decision: 26.02.2018 Krishna Devi

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Ravi Sodhi, Advocate, and Mr. M.M. Pandey, Advocate, for the petitioner.

Mr.P.P. Chahar, DAG, Haryana.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 70 dated 10.05.2017 under Sections 498-A, 406, 304-B/34 IPC, registered at Police Station Sadar Sirsa. Mr. G.S. Sidhu, Advocate, puts in appearance and files power of attorney on behalf of the complainant.

Learned counsel for the petitioner at the very outset contends that the petitioner herein has been in custody since 22.09.2017 and the that the trial is likely to take some time to conclude since out of 18 witnesses only six have been examined. It is also argued that the petitioner herein has the custody of a minor daughter of the deceased along with her in jail who needs medical facilities on account of lung disease. Apart from this she has a mother-in-law who is 70 years of age and requires medical assistance.

I have heard learned counsel for the parties and in view of the fact that minor grand daughter of the petitioner requires medical assistance and the Satyawan 2018.02.27 10:28 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-6407-2018 -2trial is likely to take some time to conclude, without expressing any opinion on merits of the case, the present petition is allowed. Petitioner is ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, concerned subject to following terms:- (i) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel her bail bond and surety bond and proceed to procure her presence in accordance with law. In that eventuality the accused shall have to apply for bail afresh before the trial Court.

(iii)She shall not leave the country without the previous permission of the Court.

26.02.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.02.27 10:28 I attest to the accuracy and authenticity of this document High Court Chandigarh