Sheela Devi v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 210+102 ***** CRM No. 6393 of 2023 in/and CRM-M No. 61118 of 2022 Date of Decision : 9.2.2023 Sheela Devi ..... Petitioner versus The State of Haryana ..... Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Baltej Singh, Senior Advocate with Mr. Satveer Singh Badal, Advocate and Mr. Divij Datt, Advocate, for the petitioner Ms. Mahima Yashpal, DAG, Haryana Mr. Vipul Joshi, Advocate, for the complainant --- TRIBHUVAN DAHIYA J. (ORAL):

CRM No. 6393 of 2023:

This is an application for addition of Section 302 IPC in the head note of the petition.

For the reasons mentioned in the application, the same is allowed. Offence under Section 302 IPC is ordered to be read into the head note and prayer clause of the petition.

CRM-M No. 61118 of 2022:

This is a petition under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioner in case FIR No.426 dated 27.8.2022 under Sections 304-B, 377 read with Section 34 IPC registered at Police Station Rania, District Sirsa. 2.

Learned senior counsel contends that there is no specific allegations against the petitioner, who is mother-in-law of the deceased, of causing harassment or cruelty to the deceased soon before her death. Nor has she been named in the FIR. She is ready and willing to cooperate with the Investigating Agency. Nothing is to be recovered from the petitioner. The ASHWANI KUMAR 2023.02.09 18:42 I attest to the accuracy and integrity of this document

CRM No. 6393 of 2023 in/and CRM-M No. 61118 of 2022 -2accused who have been named in the FIR, i.e., husband and brother-in-law of the deceased, have already been arrested, therefore, merely for recording statement, custodial interrogation of the petitioner is not required. 3.

Learned State counsel, assisted by learned counsel for the complainant, on instructions from ASI Sandeep, submits that the deceased has died just after about one and a half year of marriage and giving birth of a child on 14.2.2022 only. The FSL report has also been received that cause of death is poison. As per the post-mortem report, there were abrasions and contusions on the deceased's body.

4.

Keeping in view the nature of allegations and stage of investigation, custodial interrogation of the petitioner is required to establish the facts and she cannot be granted concession of pre-arrest bail. 5.

Dismissed.

(TRIBHUVAN DAHIYA) JUDGE 9.2.2023 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.02.09 18:42 I attest to the accuracy and integrity of this document