Chand Kaur v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No.42756 of 2022 (O & M) Date of Decision : 16.1.2023 Chand Kaur ..... Petitioner versus State of Haryana ..... Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Kulvir Narwal, Advocate, for the petitioner Ms. Ankita Ahuja, AAG, Haryana Mr. Ashok Dalal, Advocate, for the complainant --- TRIBHUVAN DAHIYA J. (ORAL):

CRM No. 41234 of 2022:

This is an application for placing on record the correct copy of ration card of the petitioner (AnnexureP-4).

For the reasons mentioned in the application, the same is allowed. Correct copy of ration of the petitioner (Annexure P-4) is taken on record subject to all just exceptions.

CRM-M No. 42756 of 2022:

This is a petition under Section 439 Cr.P.C. seeking regular bail to the petitioner in case FIR No.209 dated 28.4.2022 under Sections 306, 323, 34 IPC, registered at Police Station Beri, District Jhajjar. As per allegations, the FIR was lodged on the complaint of deceased's brother alleging that he had been informed by the deceased's son that his mother was being harassed by her husband, father-in-law, mother-inlaw and brother-in-law (devar) Dhan Ram, and they wanted to throw her out of the house.

Learned counsel for the petitioner contends that the petitioner is an ASHWANI KUMAR 2023.01.17 10:10 I attest to the accuracy and integrity of this document

CRM-M No.42756 of 2022 (O & M) -2old lady about 70 years of age. No specific role has been attributed to her. She along with her husband used to reside separately from the deceased and her son's family in a farm house in the village. A reference in that regard has been made to ration card (Anneuxre P-4). The alleged suicide was committed after 24 years of her marriage, and omnibus allegations have been levelled against all the family members.

Learned State counsel, on instructions from ASI Parveen Kumar, states that challan has been filed but the charges are yet to be framed. The petitioner is in custody since 16.5.2022.

The petitioner is an old lady of about 70 years, the investigation of the case is over, and trial will take a long time to conclude. Therefore, she deserves to be released on bail.

Accordingly, the petition is allowed. The petitioner is ordered to be released on bail on her furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(TRIBHUVAN DAHIYA) JUDGE 16.1.2023 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.01.17 10:10 I attest to the accuracy and integrity of this document