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High Court of Punjab and HaryanaCRM-M/29473/2019allowed

Rohit Sharma v. State Of Haryana

2019-12-13Mr. Justice Surinder Gupta2 pages

CRM-M-29473 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29473 of 2019 Date of Decision: 13.12.2019 Rohit Sharma ....Petitioner

VERSUS

State of Haryana ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Gursewak Singh, Advocate for Mr. Manish Soni, Advocate for the petitioner.

Mr. Kuldeep Sharma, DAG, Haryana Mr. Virendra Rana, Advocate for Mr. Abhimanyu Singh, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.249 dated 23.06.2019 registered for offences punishable under Sections 323 and 506 of Indian Penal Code, at Police Station Sector 5, Gurugram, District Gurugram.

Heard.

As per report of Mediator, parties could not reach any amicable settlement.

The petitioner is husband of complainant, who in her statement before the police has alleged that on 22.06.2019, she had gone to her house to see her child. At about 10.00 p.m., her maternal grandmother-in-law fled away with her child and her husband started quarreling with her. He gave JITENDER KUMAR 2019.12.13 14:03 I attest to the accuracy and integrity of this document Chandigarh her beatings in the morning and threw her outside the house.

CRM-M-29473 of 2019 -2Learn State counsel submits that in the medical examination of complainant, injuries were found on her cheek, neck and ear. However, the offence made out is under Section 323 IPC. There is matrimonial dispute between the parties and other cases between them are also pending. Without expressing any opinion on merits of the case and keeping in view the fact that investigation in the case is still pending, this petition is allowed. Petitioner is directed to surrender before the police and join investigation within two weeks. In the event of his arrest being required, he shall be released on bail, subject to his furnishing bonds to the satisfaction of Arresting Officer. However, he shall abide by the terms and conditions as envisaged under Section 438(2)(i) to (iv) Cr.P.C. failing which he shall loose the benefit of anticipatory bail allowed to him. December 13, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2019.12.13 14:03 I attest to the accuracy and integrity of this document Chandigarh