Sharda v. State Of Haryana And Another



  
  

   


  



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 ' It is submitted by learned counsel for the petitioner that the petitioner is a lady of 66 years of age and she is in custody from 21.02.2023 which is more than four months. He submitted that the investigation of the case has already been completed and the challan has now been presented to the competent Court. He submitted that in the present case even a perusal of the FIR would show that none of the ingredients of Section 306 read with Section 107 IPC have been made out.

He submitted that on the face of it, there was no allegation of abetment to commit suicide and at the most the allegations were that the deceased who was the husband of the petitioner was upset regarding the relationship of the petitioner with some other person. Learned counsel submitted that it itself cannot constitute an offence under Section 306 IPC. He further submitted that be that as it may, considering the fact that now the investigation has been completed and the petitioner being a lady of 66 years of age may be considered for the grant of regular bail. 4.

On the other hand,  !" !  # $   has submitted that it is correct that the petitioner is in custody from 21.02.2023 and the investigation of the case has been completed.   4  *

 

  

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I have heard learned counsel for the parties. 6.

The petitioner is stated to be a lady of the age of 66 years and the allegations are that she has committed an offence of abetment of suicide of her own husband i.e. the deceased. As per the allegations contained in the FIR which was lodged by the son of the petitioner, the deceased who was the husband of the petitioner was upset with the relationship of the petitioner with some other person. This Court does not wish to comment anything with regard to the fulfillment of the conditions of Section 306 IPC read with Section 107 IPC but this Court would only consider that the investigation of the case has already been completed and the petitioner is a lady of the age of 66 years and therefore she is entitled for the grant of concession of regular bail on this ground alone. .

 6 ! the present petition is allowed. ) 

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