222 IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No.M- 24362 of 2017 (OM)
Date of decision : September 28, 2017
Smt. Kamlesh Kumari …..Petitioner
State of Haryana ….Respondent
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Suresh Kumar Kaushik, Advocate
for the petitioner.
Mr. Sanjay K. Saini, AAG, Haryana.
LISA GILL, J.
The petitioner, who is the mother-in-law of the deceased, prays
for bail pending trial in FIR No. 586 dated 18.11.2016 under Sections 304B,
It is submitted that no specific allegations have been levelled
against the present petitioner. Moreover, the evidence on record reveals that
death has been caused due to burns by electrocution. There is nothing on
record to show that the deceased was set on fire by pouring any incendiary
material upon her. It is stated that the deceased in her statement recorded by
the Magistrate on 15.11.2016, specifically stated that burn injuries were
received due to electric shock in an accident. Moreover, the observation of
the Magistrate that smell of kerosene was detected by her is negated by the
FSL report wherein it is specifically mentioned that kerosene, petrol, diesel
and their residues could not be detected on the relevant exhibits. Moreover,
the complainant is not coming forward to depose despite being summoned
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before the learned trial Court for 24.05.2017, 21.07.2017, 09.08.2017. It is,
thus, prayed that this petition be allowed.
I have heard learned counsel for the parties.
FSL report as well as the statement of the deceased recorded by
the Magistrate (Annexure P-3) is not in dispute. It is verified that the
complainant has not come forward for recording of her statement on the
various occasions as mentioned above. The petitioner is not involved in any
other criminal case. Trial is not likely to conclude in the near future.
There are no allegations on behalf of the State that petitioner is
likely to abscond or that she is likely to dissuade the witnesses from
deposing true facts in the Court, if released on bail.
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 her 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 28, 2017 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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