High Court of Punjab and HaryanaCRM-M/52285/2021allowed

Pardeep v. State Of Haryana

2021-12-22Mrs. Justice Manjari Nehru Kaul2 pages

211 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (through video conferencing) CRM-M-52285-2021 Date of decision:22.12.2021 Pardeep ..... Petitioner

Versus

State of Haryana ..... Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Deepak Aggarwal, Advocate for the petitioner.

Mr. Karan Sharma, DAG, Haryana.

**** MANJARI NEHRU KAUL , J. (ORAL) Instant petition has been filed under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.390 dated 12.12.2020 lodged under Sections 304-B/34 IPC (Section 498-A IPC added later on) registered at Police Station Israna District Panipat. At the outset, learned counsel for the petitioner submits that the false implication of the petitioner, who is the husband of the deceased, finds credence from the fact that all the material witnesses including the complainant while stepping into the witness box, did not support the prosecution case, as a result of which, they were all declared hostile. He further submits that the co-accused has already been granted bail by this Court vide order dated 03.12.2021. A prayer, therefore, has been made to extend the concession of bail to the petitioner as he has been in custody since 13.12.2020 and his further incarceration would not serve any useful purpose.

SONIA BURA 2021.12.22 17:08 I attest to the accuracy and integrity of this document chandigarh

CRM-M-52285-2021 -2Per contra, learned State counsel while opposing the prayer made by counsel opposite on instructions from SI Pawan Kumar does not dispute the submissions made by the counsel for the petitioner qua all the material witnesses including the complainant having turned hostile during trial. He, on further instructions, submits that 15 prosecution witnesses remain to be examined and the next date of hearing before the trial Court is 12.01.2022.

Heard learned counsel and perused the material available on record.

In the facts and circumstances of the case as enumerated hereinabove, the present petition is allowed. The petitioner be admitted to bail to the satisfaction of the trial Court/Duty Magistrate concerned. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. 22.12.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.12.22 17:08 I attest to the accuracy and integrity of this document chandigarh