220 IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No. M- 32723 of 2017 (OM)
Date of decision : September 25, 2017
Parmod Jain …..Petitioner
State of Haryana ….Respondent
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Navneet Singh, Advocate
for the petitioner.
Mr. Sanjay K. Saini, AAG, Haryana.
LISA GILL, J.
The petitioner, who is the father-in-law of the complainant,
prays for bail pending trial in FIR No. 299 dated 25.05.2016 under
It is submitted that the petitioner’s first application for bail
pending trial was withdrawn on 25.05.2017 as the petitioner sought to
approach the learned Additional Sessions Judge, Gurgaon for the relief after
presentation of the final report/challan in this case. It is submitted that there
are general allegations against the petitioner, which are not substantiated by
the evidence on record. Moreover, the petitioner has lost his son i.e. the
complainant’s husband on 04.07.2017. The petitioner has been in custody
since 06.04.2017. Final report under Section 173 Cr.P.C./challan has been
presented. It is, thus, prayed that this petition be allowed.
I have heard learned counsel for the parties.
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Learned counsel for the State, on instructions from ASI Surjeet
Singh, verifies that final report under Section 173 Cr.P.C./challan has since
been presented. It is further verified that the petitioner’s son has passed
away on 04.07.2017. No recovery is to be effected from the petitioner, who
is not reported to be involved in any other criminal case.
There are no allegations on behalf of the State that petitioner is
likely to abscond or that he is likely to dissuade the witnesses from
deposing true facts in the Court, if released on bail. Trial in this case is not
likely to conclude in the near future.
No useful purpose shall be served by keeping the petitioner
incarcerated any longer. 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, the petitioner be released on bail pending trial
subject to his furnishing requisite bail bonds and surety to the satisfaction of
the learned trial Court.
It is reiterated that none of the observations made herein above
are a reflection on the merits of the case and shall have no bearing on the
September 25, 2017 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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