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Jitender vs State Of Haryana on 13 December, 2017

CRM No.M-36544 of 2017
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No.M- 36544 of 2017(OM)
Date of Decision: December 13 , 2017.

Jitender …… PETITIONER (s)
Versus
State of Haryana …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. J.P.Sharma, Advocate
for the petitioner.

Mr. Sanjay K.Saini, AAG, Haryana.

Mr. P.S.Sullar, Advocate
for the complainant.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****

LISA GILL, J.

The petitioner prays for bail pending trial in FIR No.27 dated

01.04.2016 under Sections 498A/376/506 IPC registered at Police Station

Women Narnaul, District Mahendergarh.

It is submitted that the petitioner is the brother-in-law (Devar) of the

complainant and the abovesaid FIR was lodged due to matrimonial discord

between the complainant and her husband Rajender son of Ram Niwas i.e., the

petitioner’s brother. No offence as mentioned in the FIR is made out against the

petitioner. Final report under Section 173 Cr.P.C. in this case stands presented.

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CRM No.M-36544 of 2017
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Moreover, the petitioner’s brother, namely, Rajender as well as the complainant

have amicably resolved their dispute. The complainant has started living

together with her husband in the matrimonial home. Petition under Section 13 of

the Hindu Marriage Act, 1955 filed by the petitioner’s brother has since been

withdrawn on 30.11.2017. It is submitted that the petitioner, who is serving the

Indian Army, is not involved in any other criminal case. It is thus prayed that

this petition be allowed.

Copy of order dated 30.11.2017 passed by the learned District

Judge, Narnaul, furnished in Court today, is taken on record subject to just

exceptions.

Learned counsel for the complainant verifies the factum of

settlement between the complainant and her husband. It is accepted that the

complainant as well as her husband i.e., the petitioner’s brother have now

resumed matrimonial ties and the complainant is residing with her husband in her

matrimonial home. The complainant, it is submitted, has no objection in case

this petition is allowed.

Learned counsel for the State verifies that the final report under

Section 173 Cr.P.C. in this case has been presented. Charge against the

petitioner has since been framed.

The petitioner is not reported to be involved in any other criminal

case. Trial in this case is not likely to conclude in the near future. No useful

purpose would be served by keeping the petitioner incarcerated any longer in the

facts and circumstances of this case.

There are no allegations on behalf of the State that the petitioner is

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CRM No.M-36544 of 2017
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likely to abscond or that he is likely to dissuade the witnesses from deposing true

facts before the Court, if released on bail.

Keeping in view the facts and circumstances of the case but without

commenting upon or expressing any opinion on the merits thereof, this petition

filed by Jitender is allowed. 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 clarified that none of the observations made hereinabove shall

be construed to be a reflection on the merits of the case. The same are solely

confined for the purpose of decision of the present petition.

( LISA GILL )
December 13 , 2017. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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