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High Court of Punjab and HaryanaCRM-M/30268/2023allowed

Munni Devi v. State Of Haryana

2023-06-15Mr. Justice Aman Chaudhary3 pages

- 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-30268-2023 (O&M) Date of decision: 15.06.2023 Munni Devi ....Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE AMAN CHAUDHARY Present :

Mr. Shokeen Singh Verma, Advocate for the petitioner Mr. Dhruv Sihag, AAG Haryana ***** AMAN CHAUDHARY . J.

1.

The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in case FIR No.7 dated 27.03.2023, registered under Section 384 IPC and Section 7 Prevention of Corruption Act, 1988 at Police Station Anti Corruption Bureau, Hisar, District Hisar. 2.

Learned counsel contends that the petitioner has been in custody for the last about 3 months. The allegations against her are of having accepted illegal gratification. She has an unblemished service of 21 years in the Police Department and to her credit has many appreciation letters, attached as Annexures P-2 to P-4. Challan stands presented on 28.05.2023, however charges have not yet been framed and in all there are 22 witnesses. Petitioner is a single parent having a 9 years old son studying in Class III, who is facing difficulties regarding daily needs and education, since there is no other family member to look after him. She is not involved in any other case.

3.

The custody certificate dated 14.06.2023, filed by learned State counsel is taken on record. As per the same, the petitioner is behind bars for the

- 2last 2 months and 18 days.

4.

Learned State counsel opposes the bail on the ground that there are serious allegations of taking bribe against the petitioner. He is, however, unable to controvert the submissions regarding the stage of the trial and her being not involved in any other case.

5.

Heard.

6.

In view of the facts and circumstances of the case, in particular that the petitioner is in custody for the last 2 months and 18 days; not involved in any other case; challan has been presented on 28.05.2023, however charges are yet to be framed; in all there are 22 witnesses; the trial is likely to take a considerable time and her further incarceration would not serve any useful purpose, thus the present petition for grant of regular bail deserves to be allowed. 7.

As a result, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to her furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned and subject to her not being required in any other case. The petitioner shall abide by the following conditions:- 1.The petitioner will not tamper with the evidence during the trial. 2.The petitioner will not pressurize/ intimidate the prosecution witnesses.

3.The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court. 4.The petitioner shall not commit an offence similar to the offence of which, she is an accused, or for commission of which she is suspected of.

5.The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner. 6.The petitioner shall not in any manner misuse her liberty. 7.The petitioner shall furnish her address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion

- 3of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same. 8.The petitioner shall deposit her passport, if any, with the Trial Court forthwith and in case, she does not have the passport, she shall furnish a specific affidavit in this regard.

8.

It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.

9.

In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.

(AMAN CHAUDHARY) JUDGE 15.06.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No