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IN THE HIGH COURT OF PUNJAB HARYANA AT
CHANDIGARH
(1) CRM-M-6675 of 2020.
Decided on:- February 19, 2020.
Kamaljeet.
………Petitioner.
Versus
State of Haryana.
………Respondent.
(2) CRM-M-6696 of 2020.
Bimla.
………Petitioner.
Versus
State of Haryana.
………Respondent.
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA.
*****
Present:- Mr. Alok Mittal, Advocate for the petitioner(s).
Ms. Priyanka Sadar, A.A.G., Haryana.
Mr. S.K. Yadav, Advocate for the complainant.
HARI PAL VERMA, J. (Oral)
This order shall dispose of the aforementioned two petitions
under Section 439 Cr.P.C. for grant of regular bail filed by the petitioners,
namely, Kamaljeet and Bimla, who are the husband and mother-in-law of the
deceased, as the same have arisen from common FIR No.144 dated
28.06.2019 under Sections 498-A, 304-B and 120-B IPC registered at Police
Station Sadar Narnaul, District Mahendergarh.
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CRM-M-6675 of 2020 -2-
However, for convenience and clarity, detailed order is being
passed in CRM-M-6675 of 2020 titled as Kamaljeet Versus State of
Haryana.
Learned counsel for the petitioner, while making reference to
paragraph No.6 of the order dated 10.01.2020 passed by learned Additional
Sessions Judge, Narnaul, has contended that the Court has observed that the
wife of the petitioner died on account of hanging in the house of her in-laws
and she also left behind three years old daughter. However, in the present
case, the marriage of the deceased was solemnised with the petitioner on
10.02.2019 and she had allegedly died by consuming some poisonous
substance on 27.06.2019 and there was no child from this marriage. The
paragraph No.6 of the aforesaid order dated 10.01.2020 passed by learned
Additional Sessions Judge, Narnaul, reads as under:
“6. At this stage, the possibility of tempering the
prosecution evidence and repeating the same offence can not be
ruled out and reliance is placed on Hardayal Singh v. State
(Delhi) : Law Finder Doc Id #583583 : 2014(15) RCR(Criminal)
634 : 2014(5) AD(Delhi) 673, Y.S. Jagan Mohan Reddy v. CBI
reported in (2013) 55 Orissa Criminal Report(SC) 825 and
Younus Bin Omer Yafai alias Younus Bhai v. State of A.P.(SC) :
Law Finder Doc Id # 404957 : 2013(1) AIR Jhar R. 504.
Reliance is placed on Gurkirpal Singh v. State of Punjab (Punjab
And Haryana) : Law Finder Doc Id # 441663 : 2013(1) Law
Herald 412 : 2013(14) R.C.R.(Criminal) 338, offences under
section 304B IPC and 498A IPC. Wife of petitioner died on
account of hanging in the house of her in-laws within seven
years of marriage. There are allegations of harassment on
account of dowry. She also left behind three years old daughter.
Charge has been framed. However, evidence is yet to be2 of 3
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CRM-M-6675 of 2020 -3-recorded. Wherein, it was held that it is not such a case in which
concession of bail should be granted to the accused at this stage.
There is no merit in the instant application for bail filed and the
same is, hereby, dismissed and reliance is also placed on
Joginder Kaur v. State of Punjab, (Punjab and Haryana) : Law
Finder DocId # 184384: 1999(2) AICLR 164 : 1999(1) HLR
600.”
Therefore, learned Additional Sessions Judge, Narnaul had
declined the bail to the petitioner while dealing with the facts of some other
case.
In view of the mistake so pointed out by learned counsel for the
petitioner in the order dated 10.01.2020, the order dated 10.01.2020 passed by
learned Additional Sessions Judge, Narnaul, is set aside and the case is
remanded back to the trial Court to pass a fresh order by giving another
opportunity of hearing to the counsel for the parties.
Disposed of.
Photocopy of this order be placed on the file of other connected
case.
(HARI PAL VERMA)
February 19, 2020 JUDGE
Yag Dutt
Whether speaking/reasoned: Yes
Whether Reportable: No
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