Anil Sood And Anr vs State Of Punjab on 13 September, 2017

211-b IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No. M- 7236 of 2017 (OM)
Date of decision : September 13, 2017

Anil Sood and another …..Petitioners

Versus

State of Punjab ….Respondent

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. K.S. Dadwal , Advocate
for the petitioners.

Mr. Devinder Bir Singh, DAG, Punjab.

Mr. R.S. Athwal, Advocate
for the complainant.

***

LISA GILL, J.

The petitioners, who are the parents-in-law of the deceased,

seek the concession of anticipatory bail to the petitioner in FIR No. 147

dated 25.10.2016 under Sections 498A, 306 IPC (Sections 304B, 307, 34

IPC added later) registered at Police Station City Hoshiarpur.

It is submitted that the present petitioners have been involved in

this case due to their relationship with the deceased. Marriage between the

petitioners’ son and the complainant was solemnised on 11.05.2011. Two

children were born out of this wedlock. The deceased, it is submitted, was

suffering from Epilepsy. The petitioners were ensuring her treatment. As

per the averments in the FIR, the deceased was driven out of the

matrimonial home on 28.09.2016. The petitioners alongwith others had

allegedly beaten her, kerosene oil was poured on her and an attempt was

made to set her on fire. The deceased thereafter started residing in

her parental home. She, however, passed away on 25.10.2016, while she

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was in her parental home. Cause of death is poisoning due to

Organophosphorus compound. Therefore, the petitioners cannot be held

responsible for her unfortunate death in any manner.

It is further argued that the alleged letter written by the

deceased in the year 2015 alleging harassment at the hands of the accused

cannot be relied upon for the reason that as per the FSL report, hand writing

on the said letter is not authenticated as no specific opinion has been

expressed in the FSL report. Moreover, the petitioners have joined

investigation pursuant to interim order passed by this Court. Final report

under Section 173 Cr.P.C., in this case, has since been presented. It is, thus,

prayed that this petition be allowed.

Learned counsel for the complainant while opposing this

petition submits that there are specific allegations of harassment at the

hands of the petitioners. Reference is made to medico legal report dated

28.09.2016 to submit that the incident on the said date indeed took place.

DDR No. 37 dated 28.09.2017 in this respect was lodged. However, it is not

denied that death took place in the parental home due to poisoning.

Learned counsel for the State, on instructions from ASI Balkar

Singh, verifies that the petitioners have joined investigation. It is further

verified that final report under Section 173 Cr.P.C. has been presented. The

petitioners are not involved in any other criminal case.

There are no allegations on behalf of the State that the

petitioners are likely to abscond or that they are likely to dissuade the

witnesses from deposing true facts in the Court, if released on bail.

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Keeping in view the facts and circumstances noted above but

without expressing any opinion on the merits of case, it is considered just

and expedient to allow this petition. Consequently, order dated 10.05.2017

is made absolute.

(Lisa Gill)
September 13, 2017 Judge
rts

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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